McClure v Australian Electoral Commission

[1999] HCA 31
Judgment date
Case number
M119/1998
Before
Hayne J
Catchwords

Elections – Senate – Court of Disputed Returns – Petition disputing validity of half Senate election – Validity of Commonwealth Electoral Act 1918 (Cth), ss 211, 211A – Deposit lodged pursuant to s 170 – Whether unsuccessful candidate entitled to refund – Powers of Court pursuant to Commonwealth Electoral Act 1918 (Cth) – Remedies.

Constitutional law – Implied constitutional rights – Freedom of communication about political matters – Whether entitles election candidate to media coverage.

The Constitution, ss 7, 24.

Commonwealth Electoral Act 1918 (Cth), ss 170, 211, 211A, 355, 358, 362, 364.