Sykes v Australian Electoral Commission

In *Sykes v Australian Electoral Commission*, Dawson J of the High Court of Australia considered a dispute concerning the validity of the enrolment of a person as an elector for the Division of Stirling in Western Australia. The applicant, Mr. Sykes, sought to have the enrolment of a Mr. John Robert Smith removed from the electoral roll, alleging that Mr. Smith was not entitled to be enrolled.

The central legal issue before the Court was whether Mr. Smith satisfied the requirement of "ordinarily resident" in Australia for the purposes of enrolment under the *Commonwealth Electoral Act 1918* (Cth). Specifically, the Court had to determine the meaning of "ordinarily resident" in the context of an individual who had been absent from Australia for a significant period, and whether his intention to return to Australia was sufficient to maintain his ordinary residence here.

Dawson J applied the established legal principle that "ordinarily resident" refers to a person's actual place of abode, determined by the facts of each case, and not merely their domicile or intention to reside. His Honour found that Mr. Smith, having been absent from Australia for over three years and having established a home and employment in the United Kingdom, was not ordinarily resident in Australia during the relevant period. The Court held that while an intention to return is a relevant factor, it cannot override the factual reality of where a person is actually living.

The application was dismissed, and the enrolment of Mr. John Robert Smith was found to be invalid.