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Laming v. Electoral Commissioner of the Australian Electoral Commission

Case No. B75/2024
Case information

Lower Court Judgment

23/08/2024 Federal Court of Australia (Logan, Perry and Meagher JJ)

[2024] FCAFC 109

Catchwords

Elections – electoral matter – Commonwealth Electoral Act 1918 (Cth), s 321D(5) – where appellate contravened s 321D(5) by communicating electoral matter without disclosing prescribed details by posting on particular Facebook page – where primary judge found single act of publication of publication of post constituted single breach of s 321D(5) irrespective of how many times post viewed – where Full Federal Court allowed appeal – whether Full Court erred in finding s 321D(5) breached on each occasion p0erson viewed post rather than finding contravention when appellant caused post to be published – meaning of “communicated to a person” in s 321D(1).

Case Summary

Download a brief summary of the case

April 2025 (57.53 KB)
Documents

05/12/2024 Determination

19/12/2024 Notice of appeal

20/02/2025 Written submissions (Appellant)

20/02/2025 Chronology (Appellant)

17/03/2025 Written submissions (Respondent)

24/03/2025 Reply

09/04/2025 Hearing (Full Court, Canberra) (Audio-visual recording)

09/04/2025 Outline of oral argument (Appellant)

09/04/2025 Outline of oral argument (Respondent)

13/08/2025 Judgment (Judgment summary)