Full Court Minute Books

Case M247/2015

Murphy & Anor v. Electoral Commissioner & Anor

Case No.


Case Information


Constitutional law – Legislative power – Franchise – Constitutional limitations upon power of Parliament to regulate exercise of entitlement to enrol to vote – Date for close of Electoral Rolls in Commonwealth Electoral Act 1918 (Cth) – Where Act suspends the enrolment or transfer of enrolment of electors in the period between the close of the Rolls and the close of the poll – Whether denial of enrolment effected by Act contravenes constitutional requirement that representatives be "directly chosen by the people" – Whether amendments operated as disqualification from entitlement to vote and, if so, whether disqualification for substantial reason – Relevance of Roach v Electoral Commissioner (2007) 233 CLR 162 – Relevance of Rowe v Electoral Commissioner (2010) 243 CLR 1.

Short Particulars


27/11/2015 Application for an order to show cause

27/11/2015 Notice of constitutional matter (Plaintiff)

16/02/2016 Hearing (Single Justice, Melbourne)

15/03/2016 Hearing (Single Justice, Melbourne)

18/03/2016 Hearing (Single Justice, Melbourne)

24/03/2016 Special case stated

24/03/2016 Hearing (Single Justice, Melbourne)

11/04/2016 Written submissions (Plaintiff)

11/04/2016 Chronology

26/04/2016 Written submissions (Second Defendant)

26/04/2016 Submitting appearance (First Defendant)

26/04/2016 Written submissions (Attorney-General for the State of South Australia intervening)

04/05/2016 Reply

11/05/2016 Hearing (Full Court, Canberra) (Audio-visual recording)

12/05/2016 Hearing (Full Court, Canberra) (Audio-visual recording)

05/09/2016 Reasons for judgment