Sykes v Australian Electoral Commission

This matter came before the High Court of Australia, sitting as the Court of Disputed Returns, concerning a petition filed by Mr Ian Sykes. The Australian Electoral Commission was represented by Ms Kenny, SC, and Mr Borenstein sought leave to appear for Mr Cleary, a successful candidate named in the petition. Mr Sykes himself appeared in person.

The central legal issue before the Court was whether to grant Mr Cleary leave to enter a conditional appearance for the purpose of challenging the Court's jurisdiction to entertain the petition. Mr Sykes objected to a conditional appearance, arguing that only an ordinary appearance should be permitted. Mr Borenstein relied on precedent, specifically the decision of Mason J in *McCauley v Hamilton Island Enterprises*, to support his application for a conditional appearance.

The Court considered the application for leave to enter a conditional appearance. Mr Borenstein argued that a conditional appearance was necessary to preserve Mr Cleary's ability to challenge the Court's jurisdiction without conceding the validity of the petition. He referred to *McCauley v Hamilton Island Enterprises* where a similar application for a conditional appearance was granted to allow a challenge to jurisdiction. The Court ultimately granted leave for Mr Cleary to enter a conditional appearance.