Vaughan v The Australian Electoral Commission S188/1998 [1999] HCATrans 232 (22 July 1999)

IN THE HIGH COURT OF AUSTRALIA

SITTING AS THE COURT OF

DISPUTED RETURNS

Office of the Registry

Sydney No S88 of 1998

B e t w e e n -

ADRIAN REX VAUGHAN

Petitioner

and

THE AUSTRALIAN ELECTORAL COMMISSION

Respondent

HAYNE J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON THURSDAY, 22 JULY 1999, AT 12.06 PM

Copyright in the High Court of Australia

MR S.J. GAGELER: If your Honour pleases, I appear for the Australian Electoral Commission, the respondent to the petition and the applicant on the summons dated 8 July 1999. (instructed by the Australian Government Solicitor)

HIS HONOUR: Now, in this matter there is, I think, no indication one way or the other of whether Mr Vaughan is to appear, is there, or is there?

MR G AGELER: There is, your Honour, in an affidavit of Mr McCarthy, sworn 21 July.

HIS HONOUR: And exhibit B to that.

MR G AGELER: Yes.

HIS HONOUR: Yes, I see, in which Mr Vaughan says that he advises you, "I have decided not to oppose the AEC's application".

MR G AGELER: That is correct.

HIS HONOUR: Yes. That being so, need I have him called?

MR G AGELER: I do not expect an appearance from him, your Honour.

HIS HONOUR: No. Again, I take it, you move - - -

MR G AGELER: I move only for order 1 of the orders sought in the summons.

HIS HONOUR: Yes.

On 7 December 1998, Adrian Rex Vaughan filed an election petition pursuant to Div 1 of Pt XXII of the Electoral Act 1918 (Cth). The petition was said to "[concern] the election of the Half Senate for the Commonwealth of Australia in the State of N.S.W. held on 3rd October 1998".

By summons filed on 8 July 1999 the respondent seeks orders that the petition be dismissed or that it be stayed on the ground either that there is no reasonable or probable cause of action or suit or that the proceeding is an abuse of the process of the Court. The petitioner has not appeared on the return of this summons.

The petition is not materially different from the petition I considered in the matter of McClure v Australian Electoral Commission [1999] HCA 31; (1999) 163 ALR 734. For the reasons I gave in that matter, this petition cannot succeed. It is dismissed. The respondent does not seek costs and there is no order as to costs.

I will adjourn to enable the video link to be established to Perth.

AT 12.08 PM THE MATTER WAS CONCLUDED