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Published by Peter Black

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Published by: Peter Black on Aug 13, 2010
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FEDERAL COURT OF AUSTRALIA
Getup Ltd v Electoral Commissioner [2010] FCA 869
Citation:
Getup Ltd v Electoral Commissioner [2010] FCA 869
Parties:
GETUP LTD and SOPHIE JESSICA TREVITT v
ELECTORAL COMMISSIONER
File number(s):
NSD 917 of 2010
Judges:
PERRAM J
Date of judgment:
13 August 2010
Catchwords:
ELECTIONS – Enrolment – Electronic submission of
enrolment claim – Enrolment claim digitally signed using
an electronic device – Whether requirements ofElectronic
Transactions Act 1999 (Cth) satisfied – Whether enrolment
claim was “in order” for purposes of s 102Commonwealth
Electoral Act 1918(Cth)
Legislation:
Commonwealth Electoral Act 1918 (Cth) ss 93, 98AA, 98,
102, 336
Electronic Transactions Act 1999 (Cth) ss 6, 8, 10
Cases cited:

Goodman v J Eban [1954] 1 QBD 550 cited
Minister for Immigration and Multicultural Affairs v
Eshetu (1999) 197 CLR 611 cited

Date of hearing:
12 August 2010
Date of last submissions:
12 August 2010
Place:
Sydney
Division:
GENERAL DIVISION
Category:
Catchwords
Number of paragraphs:
30
Counsel for the Applicants:
Mr J Kirk with Ms A Rao
Solicitor for the Applicants:
Marque Lawyers
Counsel for the Respondent: Mr J Renwick
-2-
Solicitor for the Respondent: Australian Government Solicitor

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
GENERAL DIVISION

NSD 917 of 2010
BETWEEN:
GETUP LTD
First Applicant
SOPHIE JESSICA TREVITT
Second Applicant
AND:
ELECTORAL COMMISSIONER
Respondent
JUDGE:

PERRAM J
DATE OF ORDER: 13 AUGUST 2010
WHERE MADE:

SYDNEY
THE COURT ORDERS THAT:
1.
The decision of the delegate made on 6 August 2010 be set aside.
2.
The respondent pay the applicants’ costs.
AND THE COURT DECLARES THAT:
3.
The second applicant’s claim lodged with the respondent on 22 July 2010 is “in
order” for the purposes of s 102(1)(b) of the Commonwealth Electoral Act 1918 (Cth).
Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
The text of entered orders can be located using Federal Law Search on the Court’s website.

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