Murphy v Electoral Commissioner & Anor

The plaintiff, Mr. Murphy, brought proceedings against the Electoral Commissioner and the Commonwealth of Australia in the High Court of Australia. The dispute concerned the timing of enrolment for federal elections, specifically whether individuals could enrol on the day of an election or the day before. The parties sought to agree on a special case to be heard and determined before the issue of writs for the next election.

The court was required to determine the legal issues surrounding the eligibility of individuals to enrol for federal elections, particularly in light of differing state enrolment provisions. The plaintiff's counsel indicated that the relevant facts, including the practices in New South Wales, Queensland, and Victoria regarding same-day or near-election-day enrolment, were not in dispute and were largely in the public domain. The parties aimed to present these facts and the associated statistics in a special case for the court's determination.

The court, presided over by a single Justice, made orders in terms of the consent minutes submitted by the parties. These orders were dated 16 February 2016 and scheduled a hearing for Tuesday, 15 March 2016, at 9:30 am. The court acknowledged the parties' desire for an orderly hearing and determination prior to the election writ issuance, referencing a previous case, *Rowe*, where proceedings occurred during the election itself.