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ARTICLE · 30 SEPTEMBER 2010

High Court Overturns Electoral Cut-Off Dates

Norton Rose Fulbright Australia
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As our readers will be aware, the 42nd Australian Parliament was prorogued and the House of Representatives dissolved at 5pm on Monday, 19 July 2010 and writs issued for a general election, which was held on Saturday, 21 August 2010.

AustraliaGovernment, Public Sector
Catherine Kelso
Catherine Kelso
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As our readers will be aware, the 42nd Australian Parliament was prorogued and the House of Representatives dissolved at 5pm on Monday, 19 July 2010 and writs issued for a general election, which was held on Saturday, 21 August 2010. In accordance with the provisions of the Commonwealth Electoral Act 1918 (Cth) (the Act), the Electoral Commissioner was prevented from considering claims for enrolment or transfer of enrolment lodged after 8pm on 19 July 2010 until after the close of polling.

On 26 July 2010, proceedings were commenced in the Melbourne Registry of the High Court by Shannen Alyce Rowe and Douglas Stewart Thompson seeking a declaration that those provisions of the Act effecting cut-off dates for consideration of applications for enrolment and transfers of enrolment as an elector were invalid (Rowe & Anor v Electoral Commissioner & Anor, No M101 of 2010). The provisions under challenge were introduced into the Act by the Electoral and Referendum Amendment

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