Victoria Government Gazette By Authority of Victorian Government Printer No. G 6 Thursday 7 February 2008 www.gazette.vic.gov.au GENERAL 226 G 6 7 February 2008 Victoria Government Gazette TABLE OF PROVISIONS Private Advertisements Proclamations 236 Commonwealth Electoral Act 1918 – Government and Outer Budget Sector High Court Challenge, seat of McEwan election 2007 229 Agencies Notices 237 Dissolution of Partnership Orders in Council 258 Jhanak Dance Company 233 Acts: Plant Health and Plant Products; Estates of Deceased Persons Werribee South Land Basile Pino & Co. 233 Campagna Gray & Mallinder 233 G. A. Black & Co. 233 Garden & Green Lawyers 233 Harris & Chambers Lawyers 233 K. P. Abbott & Co. 233 Lukaitis Partners 234 Maddocks 234 Radford Legal 234 Roberts Beckwith Partners 234 Rogers & Gaylard Lawyers – Brighton 234 Secombs 234 Stidston & Williams Weblaw 235 Tolhurst Druce & Emmerson 235 Wills & Probate – Lawyers 235 Advertisers Please Note As from 7 February 2008 The last Special Gazette was No. 30 dated 6 February 2008. The last Periodical Gazette was No. 2 dated 26 October 2007. How To Submit Copy O See our webpage www.craftpress.com.au O or contact our office on 9642 5808 between 8.30 am and 5.30 pm Monday to Friday Copies of recent Special Gazettes can now be viewed at the following display cabinet: O 1 Treasury Place, Melbourne (behind the Old Treasury Building) Victoria Government Gazette G 6 7 February 2008 227 PUBLICATION OF THE VICTORIA GOVERNMENT GAZETTE (GENERAL) LABOUR HOLIDAY DAY WEEK 2008 (Monday 10 March 2008) Please Note: The Victoria Government Gazette for Labour Day week (G11/08) will be published on Thursday 13 March 2008. Copy deadlines: Private Advertisements 9.30 am on Friday 7 March 2008 Government and Outer Budget Sector Agencies Notices 9.30 am on Tuesday 11 March 2008 Where urgent gazettal is required after hours, arrangements should be made with the Government Gazette Officer on 0419 327 321. JENNY NOAKES Government Gazette Officer PUBLICATION OF THE VICTORIA GOVERNMENT GAZETTE (GENERAL) EASTER HOLIDAYS 2008 Please Note: The Victoria Government Gazette published immediately after Easter (G13/08) will be published on Thursday 27 March 2008. Copy deadlines: Private Advertisements 9.30 am on Thursday 20 March 2008 Government and Outer Budget Sector Agencies Notices 9.30 am on Tuesday 25 March 2008 Where urgent gazettal is required after hours, arrangements should be made with the Government Gazette Officer on 0419 327 321. JENNY NOAKES Government Gazette Officer 228 G 6 7 February 2008 Victoria Government Gazette VICTORIA GOVERNMENT GAZETTE Subscribers and Advertisers Our contact details are as follows: Victoria Government Gazette Office Level 1, 520 Bourke Street Melbourne, Victoria 3000 PO Box 1957 Melbourne, Victoria 3001 DX 106 Melbourne Telephone: (03) 9642 5808 Fax: (03) 9600 0478 Mobile (after hours): 0419 327 321 Email: [email protected] Website: www.gazette.vic.gov.au JENNY NOAKES Government Gazette Officer Victoria Government Gazette G 6 7 February 2008 229 PRIVATE ADVERTISEMENTS HIGH COURT RULES 2004 High Court Challenge to 24 November 2007 election of the member of the House of Representatives for the electoral division of McEwen. The following Election Petition was filed in The High Court of Australia Melbourne Registry on 29 January 2008. Pursuant to Rule 30.02.1 of the High Court Rules 2004 a copy of the petition is herein published. IN THE HIGH COURT OF AUSTRALIA MELBOURNE REGISTRY No. M10 of 2008 BETWEEN Rob Mitchell Petitioner and Fran Bailey First Respondent and The Australian Electoral Commission Second Respondent ELECTION PETITION This petition concerns the election of the member of the House of Representatives for the electoral division of McEwen (the division) held on 24 November 2007 (the election). Return of writ The writ for the election was returned on 21 December 2007. Entitlement to fi le this petition The petitioner is entitled to file this petition because he was a candidate at the election. Statement of facts 1. The petitioner was the endorsed candidate of the Australian Labor Party at the election, which was part of the general election of members of the House of Representatives held on 24 November 2007. 2. The first respondent was the endorsed candidate of the Liberal Party of Australia at the election. 3. There were 6 other candidates at the election. 4. From 26 November 2007 to 10 December 2007, the Divisional Returning Officer for the division of McEwen (the DRO) conducted a scrutiny of the ballot-papers in the election in accordance with s 274 of the Commonwealth Electoral Act 1918 (the Act) at the divisional counting centre in Seymour. After the exclusion of candidates until only two candidates remained in the count and the distribution of preferences from the excluded candidates, the petitioner had 48,416 votes, the first respondent had 48,410 votes and there were 3,823 informal votes. 5. On 10 December 2007, the first respondent made a request under s 279 of the Act that the DRO re-count the ballot-papers in the election; and, on 11 December 2007, the DRO acceded to that request. From 12 December 2007 to 18 December 2007, the DRO conducted the re-count of the ballot-papers in the election, also at the divisional counting centre at Seymour. 230 G 6 7 February 2008 Victoria Government Gazette 6. In the course of the re-count, the DRO reserved approximately 640 ballot-papers for the decision of the Australian Electoral Officer for Victoria (the AEO) in accordance with s 281 of the Act. On 14 December 2007 and 17 December 2007, at the offices of the Australian Electoral Commission in Melbourne, the AEO decided whether each of the ballot-papers so reserved (the reserved ballot-papers) were to be allowed and admitted or disallowed and rejected. 7. In deciding whether to admit or reject the reserved ballot-papers, the AEO admitted ballot- papers that were informal and rejected ballot-papers that were not informal, contrary to ss 268, 274 and 280 of the Act. Particulars (a) The AEO rejected at least 5 ballot-papers on the basis that he was not satisfi ed that the mark in one square on the ballot paper was the fi gure 5 rather than the letter S. This decision was made even though in each case the remaining squares on the ballot paper contained the fi gures 1, 2, 3, 4, 6, 7 and 8. It was clear from each ballot-paper as a whole that the voter intended the mark in question to be the fi gure 5. In each such case the ballot-paper was not informal and should not have been rejected. (b) The AEO rejected at least 5 ballot-papers on the basis that he was not satisfi ed that the mark in one square on the ballot paper was the fi gure 5 rather than the letter J. This decision was made even though in each case the remaining squares on the ballot paper contained the fi gures 1, 2, 3, 4, 6, 7 and 8. It was clear from each ballot-paper as a whole that the voter intended the mark in question to be the fi gure 5. In each such case the ballot-paper was not informal and should not have been rejected. (c) The AEO rejected at least 10 ballot-papers on the basis that he was not satisfi ed that the mark in one square on the ballot paper was the fi gure 4 rather than the letter Y or the fi gure 9. This decision was made even though in each case the remaining squares on the ballot paper contained the fi gures 1, 2, 3, 5, 6, 7 and 8. It was clear from the ballot-paper as a whole that the voter intended the mark in question to be the fi gure 4. In each such case the ballot-paper was not informal and should not have been rejected. (d) The AEO rejected at least 5 ballot-papers on the basis that he was not satisfi ed that the mark in one square on the ballot paper was the fi gure 6 because the bottom loop of the fi gure was not completely closed. This decision was made even though in each case the remaining squares on the ballot paper contained the fi gures 1, 2, 3, 4, 5, 7 and 8. It was clear from the ballot-paper as a whole that the voter intended the mark in question to be the fi gure 6. In each such case the ballot-paper was not informal and should not have been rejected. (e) The AEO rejected 1 ballot-paper on the basis that he was not satisfi ed that the mark in one square on the ballot paper was the fi gure 8 rather than 2 zeros, one placed above the other. This decision was made even though the remaining squares on the ballot paper contained the fi gures 1, 2, 3, 4, 5, 6 and 7. It was clear from the ballot-paper as a whole that the voter intended the mark in question to be the fi gure 8. In this case the ballot-paper was not informal and should not have been rejected. (f) The AEO rejected at least 6 ballot-papers where the voter had marked the fi gure 1 in one square on the ballot paper and had then crossed that fi gure out and marked the fi gure 2 next to it on the basis that he was not satisfi ed that the crossing out was not the fi gure 1 and the two marks together formed the fi gure 21.