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Babet & Anor v. Commonwealth of Australia
Palmer v. Commonwealth of Australia

Case No. B73/2024 & B74/2024
Case information

Catchwords

Constitutional law – elections – Commonwealth Electoral Act 1918 (Cth) – part XI – registration of political parties – where United Australia Party was registered as a political party in 2018 – where United Australia party was voluntarily deregistered by the Australian Electoral Commission under s 135(1) of the Act in 2022 – where s 135(3) of the Act provides that a party is ineligible for registration until after the general election next following the voluntary deregistration of that party – validity of s 135(3) – whether invalid on the ground that it impairs the direct choice by the people of Senators or Members of the House of Representatives, contrary to ss 7 and 24 of the Constitution – whether invalid on the ground that it impermissibly discriminates against candidates of a political party that has deregistered voluntarily or a Parliamentary party that has deregistered voluntarily – whether invalid on the ground that it infringes the implied freedom of political communication.

Documents

12/12/2024 Writ of Summons (in each matter)

24/12/2024 Hearing (Single Justice, Canberra by video connection)

14/01/2025 Special Case Stated (in each matter)

14/01/2025 Order referring special case to the Full Court (Babet)

14/01/2025 Order referring special case to the Full Court (Palmer)

17/01/2025 Written submissions (Plaintiffs - B73/2024)

17/01/2025 Chronology (Plaintiffs - B73/2024)

17/01/2025 Written submissions (Plaintiff - B74/2024)

17/01/2025 Chronology (Plaintiff - B74/2024)

28/01/2025 Written submissions (Defendant - B73/2024)

28/01/2025 Chronology (Defendant - B73/2024)

28/01/2025 Written submissions (Defendant - B74/2024)

28/01/2025 Chronology (Defendant - B74/2024)

28/01/2025 Written submissions (Attorney-General for the State of New South Wales, intervening - B73/2024)

30/01/2025 Reply (B73/2024)

30/01/2025 Reply (B74/2024)

07/02/2025 Hearing (Full Court, Canberra) (Audio-visual recording)

07/02/2025 Outline of oral argument (Plaintiffs in each matter)

07/02/2025 Outline of oral argument (Defendant in each matter)

07/02/2025 Outline of oral argument (Attorney-General for the State of New South Wales, intervening - B73/2024)

12/02/2025 Hearing (Full Court, Canberra) (Pronouncement of orders included)

14/05/2025 Judgment (Judgment summary)