Rowe & Anor v Electoral Commissioner & Anor

Case

[2010] HCATrans 207

No judgment structure available for this case.

[2010] HCATrans 207

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Melbourne  No M101 of 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

Pronouncement of orders

FRENCH CJ
GUMMOW J
HAYNE J
HEYDON J
CRENNAN J
KIEFEL J
BELL J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON FRIDAY, 6 AUGUST 2010, AT 12.01 PM

Copyright in the High Court of Australia

FRENCH CJ:   This application was heard in Canberra on 4 and 5 August 2010 by a Court constituted by Justices Gummow, Hayne, Heydon, Crennan, Kiefel, Bell and myself.  A majority of the Court is agreed that orders should be made in the terms I am about to pronounce.

The orders of the Court are:

1.Declare that items 20, 24, 28, 41, 42, 43, 44, 45 and 52 of Schedule 1 to the Electoral and Referendum Amendment (Electoral Integrity and Other Measures) Act 2006 (Cth) are invalid.

2.The second defendant to pay the plaintiffs’ costs of the further amended application for an order to show cause.

I publish those orders.  The Court’s reasons will be delivered at a later date.  The Court will now adjourn to Tuesday, 24 August 2010 at 10.15 am in Canberra.

AT 12.03 PM THE MATTER WAS ADJOURNED

Areas of Law

  • Constitutional Law

  • Administrative Law

  • Statutory Interpretation

Legal Concepts

  • Judicial Review

  • Standing

  • Procedural Fairness

  • Statutory Construction

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