| IN THE SUPREME COURT OF VICTORIA | Not Restricted |
AT MELBOURNE
COMMON LAW DIVISION
COURT OF DISPUTED RETURNS
S CI 2015 00004
| MARIA RIGONI | Petitioner |
| v | |
| VICTORIAN ELECTORAL COMMISSION | Respondent |
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JUDGE: | GARDE J |
WHERE HELD: | Melbourne |
DATE OF HEARING: | 25-26 February 2015 |
DATE OF JUDGMENT: | 24 March 2015 |
CASE MAY BE CITED AS: | Rigoni v Victorian Electoral Commission |
MEDIUM NEUTRAL CITATION: | [2015] VSC 97 |
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COURT OF DISPUTED RETURNS – Extent of jurisdiction to declare an election void – Early voting – Application to vote early – Declaration that ‘unable to vote’ on election day – Compliance with ss 98(b) and 99(1) of the Electoral Act 2002 (Vic) (‘the Act‘) – Meaning of the word ‘unable’ – Whether early votes were invalid – Whether failures affected the result of the State general election on 29 November 2014 – Whether petition complies with s 135(1)(a) of the Act – Petition dismissed.
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APPEARANCES: | Counsel | Solicitors |
| For the Petitioner | Dr A P Trichardt with Mr G Moffatt of Counsel | Trevor Lloyd 452 Barkers Road Hawthorn East Vic 3123 |
| For the Respondent | Ms K Evans of Counsel | Peter Stewart Victorian Government Solicitor Level 25 121 Exhibition Street Melbourne Vic 3000 |
HIS HONOUR:
Introduction
At the State general election held in Victoria on 29 November 2014 (‘election day’), Ms Maria Rigoni (‘the petitioner’) stood as a candidate for the Legislative Council of Victoria in the Northern Metropolitan Region. She stood as a member of the Palmer United Party and as the lead candidate for that party in that region. The petitioner is enrolled as an elector in the Legislative Assembly’s Ivanhoe district, and in the Legislative Council’s Eastern Metropolitan Region.
By a petition filed on 5 January 2015 (‘the petition’) in the Supreme Court of Victoria, acting as the Court of Disputed Returns for the purposes of the Electoral Act2002 (Vic) (‘the Act’), the petitioner seeks a declaration under s 125(g) of the Act that the election of all Parliamentary representatives in all 88 Legislative Assembly districts and eight Legislative Council Regions is void. The result would be that the State general election would need to be conducted again.
Notice of the petition was given to each of the successful candidates of the region in which she stood for election, and in the region and district in which she was enrolled as an elector, being the five successful candidates in the Northern Metropolitan Region, each of the five successful candidates in the Eastern Metropolitan Region and the successful candidate in the Ivanhoe district. At the return of the petition, the respondent, the Victorian Electoral Commission (‘the Commission’) appeared to oppose the petition.
Statement of Issues
The principal claim made by the petitioner was that the procedures and arrangements for early voting at the State general election miscarried, thereby invalidating the general election. According to the petitioner, there were 3,806,301 electors enrolled to vote at the State general election when the roll closed on 11 November 2014. There were 896 candidates across all electorates.…
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- AGLC
- Rigoni v Victorian Electoral Commission [2015] VSC 97
- Case
- [2015] VSC 97
- Decision Date
CaseChat Overview and Summary
The legal issues before the Court were whether the word 'unable' in sections 98(b) and 99(1) of the Electoral Act 2002 (Vic) required an applicant to be completely incapable of voting on election day, and if not, whether the discrepancies in the early voting process were sufficient to render the election invalid. Additionally, the Court had to assess whether the petitioner's petition complied with the requirements of section 135(1)(a) of the Act.
The Court found that the word 'unable' in the relevant sections of the Act did not necessitate total incapacity to vote on election day, but rather required a significant impediment that prevented attendance at the polling place on the specified day. Despite some irregularities in the early voting process, the Court concluded that these did not affect the overall result of the election. The Court also determined that the petitioner's petition did not meet the statutory requirements, leading to its dismissal. Consequently, the Court held that it did not have the jurisdiction to declare the election void.
The Court made no declaration regarding the validity of the election for the seat of Melbourne, and the petition was dismissed. The Court found that the petitioner had not demonstrated that the election result was affected by the irregularities in the early voting process, and therefore, the election stood as valid. The Court's decision was based on a careful analysis of the statutory language and the evidence presented, and it underscored the limited scope of the Court's jurisdiction in such matters.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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