Re Mowen

The High Court was asked to determine whether a constitutional issue arose from a conflict between the Commonwealth Constitution and Queensland electoral laws, and if the Constitution applied to the matter. The applicant sought an injunction to prevent the holding of the Queensland State Election, arguing that the laws governing state elections differ from those governing Commonwealth elections, and that he had a sufficient prospect of success in his High Court application. The applicant hoped to delay the state election until his application in the High Court was determined.

The legal issues before the Court were whether a true constitutional issue existed that necessitated the application of the Commonwealth Constitution, and if so, whether the applicant had demonstrated sufficient prospects of success to warrant the granting of an injunction. The Court had to weigh the applicant's onus of proof to show that he had a reasonable chance of success on the merits of his constitutional argument.

The Court found that no true constitutional issue existed and that the Queensland electoral laws did not conflict with the Commonwealth Constitution. It concluded that the applicant had not discharged the onus of demonstrating a sufficient prospect of success on the merits. Consequently, the Court dismissed the application for an injunction and did not grant any relief to the applicant.

The final orders of the Court were to dismiss the application, with no further relief granted to the applicant.