Sharples v O'Shea

In the Supreme Court of Queensland, Mr. Terry Patrick Sharples, a former member of Pauline Hanson’s One Nation, filed an application for an interlocutory injunction against the Queensland Electoral Commissioner, Mr. Desmond J. O'Shea, and Pauline Hanson's One Nation party. Sharples sought to prevent the Electoral Commissioner from making any payments to Pauline Hanson's One Nation under the Electoral Act 1992. The defendants opposed the application. The court had to decide whether there was a serious question to be tried and whether the balance of convenience lay in granting the injunction. The court also had to consider the role and function of the Electoral Commissioner, whether the registration of Pauline Hanson's One Nation was achieved by fraud or misrepresentation, and whether general compliance with the Electoral Act 1992 was met. The court held that the evidence provided by Sharples to support the allegations of fraud and misrepresentation was insufficient and contradictory. The court found that the balance of convenience did not favour granting the injunction. The court dismissed the application for an interlocutory injunction and ordered that a confidential list of members of Pauline Hanson's One Nation provided to the Electoral Commissioner be kept sealed. The court gave each party liberty to apply for directions to achieve a prompt delivery of pleadings and determination of the action. The court also noted that the plaintiff's action might be considered as an abuse of process, and this matter could be considered if an application to strike out were made.