Rowe & Anor v Electoral Commissioner

Case

[2010] HCATrans 345

No judgment structure available for this case.

[2010] HCATrans 345

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Melbourne  No M101/2010

B e t w e e n -

SHANNEN ALYCE ROWE

First Plaintiff

DOUGLAS STEWART THOMPSON

Second Plaintiff

and

ELECTORAL COMMISSIONER

First Defendant

COMMONWEALTH OF AUSTRALIA

Second Defendant

Publication of Reasons and Pronouncement of Further Orders

FRENCH CJ
BELL J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON WEDNESDAY, 15 DECEMBER 2010, AT 2.19 PM

Copyright in the High Court of Australia

FRENCH CJ:   This application was heard in Canberra on 4 and 5 August this year by a Court constituted by Justices Gummow, Hayne, Heydon, Crennan, Kiefel, Bell and myself.  On 6 August the Court pronounced an order in which a majority of the Court joined.  I now publish my reasons for joining in that order.

BELL J:   Justice Gummow and I also joined in that order and I publish our joint reasons.

FRENCH CJ:   Justice Hayne dissented from the order made.  I publish his Honour’s reasons.  Justice Heydon also dissented and I publish his Honour’s reasons.  Justice Crennan joined in the order made and I publish her Honour’s reasons.  Justice Kiefel dissented from the order made.  I publish her Honour’s reasons.

The Court would make a further order disposing of the application.  The further order of the Court is:  dismiss so much of the plaintiffs’ application as remained after the order of this Court made on 6 August 2010.  I publish that order.

AT 2.20 PM THE MATTER WAS ADJOURNED

Areas of Law

  • Constitutional Law

  • Administrative Law

  • Statutory Interpretation

Legal Concepts

  • Judicial Review

  • Standing

  • Statutory Construction

  • Procedural Fairness

  • Jurisdiction

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