Victoria Government Gazette GENERAL
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Victoria Government Gazette No. G 5 Thursday 4 February 1999 GENERAL GENERAL AND PERIODICAL GAZETTE Advertisers should note: Copy to: Gazette Officer ¥ Late copy received at The Craftsman Press Pty. Ltd. after The Craftsman Press Pty. Ltd. deadlines will be placed in the following issue of VGG, 125 Highbury Road, irrespective of any date/s mentioned in the copy (unless Burwood Vic 3125 otherwise advised). Telephone: (03) 9926 1233 ¥ Proofs will be supplied only when requested or at the Facsimile: (03) 9926 1292 direction of the Gazette Officer. DX: 32510 Burwood ¥ No additions or amendments to material for publications Email: [email protected] will be accepted by telephone. Advertising Rates and Payment ¥ Orders in Council may be lodged prior to receiving assent Private Notices with the GovernorÕs or ClerkÕs signature. 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Ltd. 9.30 a.m. Monday - (Private Notices) 125 Highbury Road, Burwood Vic 3125 9.30 a.m. Tuesday - (Government and Outer Budget Telephone: (03) 9926 1233 Sector Agencies Notices) By Authority of Victorian Government Printer 162 G 5 4 February 1999 Victoria Government Gazette INDEX TO PRIVATE ADVERTISERS A L Allman Moroney . .174 Littleton Hackford . .176 Arthur Robinson & Hedderwicks . .174 M B McKean & Park . .177 Basile & Co. .174 P Borchard & Moore . .175 Pearce Webster Dugdales . .177 Bruce M. Cook & Associates . .175 Prior & Prior . .177 D R De Marco & Co. .175 Roberts & Roberts Partners . .177 Dunhill Madden Butler . .175 Rudstein Kron . .177 E S Septimus Jones & Lee . .177 Eales & Mackenzie . .175 Stuart Morgan & Associates . .178 Equity Trustees Limited . .175 T G Taylor Splatt & Partners . .178 Garden & Green . .176 W H White Cleland Pty. .178 Hargraves Ambrose & Co. .176 Wright Smiths . .178 Victoria Government Gazette G 5 4 February 1999 163 PRIVATE ADVERTISEMENTS HIGH COURT CHALLENGE TO 3RD OCTOBER 1998 SENATE ELECTION Under Part XXII of the Commonwealth Electoral Act 1918 the validity of the 3rd October 1998 Senate election held in the States of Victoria, Western Australia, New South Wales, Tasmania, and the Northern Territory, has been challenged in the High Court, acting as the Court of Disputed Returns. Per O68, 3(a) of the High Court Rules a copy of this petition is herein published in this Gazette. The body of this petition is the same for all States and Territories. HIGH COURT RULES Form 70 O 68, r 2A IN THE HIGH COURT OF AUSTRALIA SITTING AS THE COURT OF DISPUTED RETURNS [ ] OFFICE OF THE REGISTRY. Insert capital city No. [ ] of 19 BETWEEN ...........ÉÉÉÉÉÉÉÉÉÉÉÉÉÉÉ PETITIONER AND THE AUSTRALIAN ELECTORAL COMMISSION RESPONDENT ELECTION PETITION This petition concerns the election of the Half Senate for the Commonwealth of Australia in the State/Territory of ___________________________, held on 3rd October 1998. Insert State/Territory RETURN OF WRIT The writ for the election was returned on _____________________ ENTITLEMENT TO FILE THIS PETITION The petitioner is entitled to file this petition under the Commonwealth Electoral Act 1918. Specifically per Section 353 (1) ÒThe validity of any election or return may be disputed by petition addressed to the Court of Disputed Returns and not otherwiseÓ And Section 354 (1) ÒThe High Court shall be the Court of Disputed Returns, and shall have jurisdiction either to try the petition or to refer it for trial to the Federal Court of Australia or to the Supreme Court of the State or Territory in which the election was held or return madeÓ And Section 355 (c) of the Act that a petition Òbe signed by a candidate at the election in dispute or by a person who was qualified to vote thereatÓ is satisfied because the petitioner is a person who was qualified to vote at the election in dispute and was also a candidate at the same said election. Petition & Statement of Facts 1.0a That this Court acknowledge that the Petitioner is a layman at law and grant what ever leave and assistance necessary to ensure the Petitioner the lawful and democratic conclusion of this matter under s.364 of the Commonwealth Electoral Act 1918. 1.0b That the Petitioner is granted leave to be assisted by a McKenzie friend at the choosing of the Petitioner at all times of these proceedings whether in the High Court of Australia or in any other delegated Court. 164 G 5 4 February 1999 Victoria Government Gazette 1. 1 That the half Senate election held on 3rd October 1998, for the State/Territory, in which the petitioner was a Senate Candidate, is declared void and that none of the six Senate candidates returned was duly elected. 1.2 That the platform of candidacy of the petitioner was not given media coverage despite requests and/or demands for such coverage to the various media bodies, and that denial of such media coverage is against the principles of fair democratic elections which is a foundation of the Constitution and that were such coverage granted the result of the election, would in the greater probability, have been significantly different. 1.3 That the petitioner was disadvantaged under ss 211 and 211A of the Commonwealth Electoral Act 1918 by not having a right to a Òticket voteÓ, and that such a disadvantage has in the greater probability significantly effected the outcome of this election, and that such disadvantagement is against the interests of a true and fair democratic process which forms the foundation of our constitution. And notwithstanding the court's decision regarding the aforementioned, that; 1.4. The court instruct the Australian Electoral Commission to return the $700 lodgement fee paid by the petitioner to register as a Senate candidate on the grounds that the fee did not provide the same benefit as received by other non-independent candidates and/or that there was a failure of consideration, that was understood by the petitioner to be in place at the time of registration, such consideration being that independent candidates would not be disadvantaged in the electoral process. And notwithstanding the court's decision regarding the aforementioned that; 1.5 The court instruct the Australian Electoral Commission to have provision for ticket voting for independent candidates in all future elections of the Senate, given as outlined herein, that such instruction is in no way against the Democratic principles of the Constitution or s211A of the Commonwealth Electoral Act 1918 and is not against the principle intention of s211A, which is to simplify the voting procedure and reduce the number of informal votes. And notwithstanding the court's decision regarding the aforementioned that; 1.6 The Chiefs of Staffs of the media bodies referred to in this petition be informally instructed by the court to make provision for and ensure proper coverage of press releases and policy launches by independent candidates and/or that some form of caution be given to said media bodies regarding the intrinsically incumbent