Palmer, Clive Frederick & Ors v Australian Electoral Commission & Ors [2019] HCA 24

PARLIAMENTARY ELECTIONS (CTH), CONSTITUTIONAL LAW (CTH), WORDS AND PHRASES
High Court of Australia
Judge(s): 
Kiefel CJ, Bell, Gageler, Keane, Nettle, Gordon and Edelman JJ
Parties: 

Palmer, Clive Frederick & Ors v Australian Electoral Commission & Ors

Judgment Date: 
14 August 2019
Catchwords: 

PARLIAMENTARY ELECTIONS (CTH) – House of Representatives – Counting of votes – Where s 274(2A)-(2C) of Commonwealth Electoral Act 1918 (Cth) provides for indicative two-candidate preferred count in each Division – Where s 7(3) of Commonwealth Electoral Act confers power on Australian Electoral Commission to do all things necessary or convenient for or in connection with performance of its functions – Where practice of Australian Electoral Commission to publish information about indicative two-candidate preferred count for a Division after close of polls in that Division – Whether publication of information for a Division before polls closed in all parts of nation has any demonstrated effect on electoral choices – Whether information inaccurate or misleading – Whether publication constitutes imprimatur to any particular candidate or outcome – Whether publication authorised by s 7(3).

CONSTITUTIONAL LAW (CTH) – Parliament – Elections – Whether publication of information about indicative two-candidate preferred count prior to close of polls nationally contrary to ss 7 and 24 of Constitution – Whether factual foundation of challenge established.

WORDS AND PHRASES – "direct and popular choice", "effect on electoral choices", "factual foundation", "imprimatur", "indicative two-candidate preferred count", "necessary or convenient", "partiality", "scrutiny of votes".

Constitution, ss 7, 24. 
Commonwealth Electoral Act 1918 (Cth), ss 7, 274.

Citation: