Amended Application VID 982 - Arthur Dent v AEC and Daryl Wight

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIAN DISTRICT REGISTRY            No. VID 982 of 2007

Arthur Dent                                                               Applicant

Australian Electoral Commission                              Firstnamed Respondent

Daryl Wight                                                              Secondnamed Respondent

                      Amended Form 5 Application (Order 4, rule 1)

Filed by the Applicant

Name:         Arthur Dent                                      DX: 38204 FLAGSTAFF

Address for service:                                           Telephone: (03) 9670 2727

Ground Floor, 302-308, King Street, Melbourne 3003     

Facsimile:    (03) 9642 4636                                Ref: HN:KA

A.      AMENDED DETAILS OF CLAIM

On the grounds stated in the accompanying affidavit, the applicant claims:

1.   That the Australian Electoral Commission enroll the applicant forthwith as an elector pursuant to the Electoral Enrolment Form dated 16 October 2007.

2.   That the Australian Electoral Commission enroll the applicant forthwith pursuant to the Request by an Elector for Address not to be shown on the Electoral Roll dated 16 October 2007 and as a general postal voter.

3.   Damages.

4.   Costs.

5. Declare that the respondent is entitled to be enrolled under the name Arthur Dent pursuant to section 166(2) of the Commonwealth Electoral Act 1918 and was so entitled at the hour of nomination 12 noon on Thursday 1 November 2007.

6. Quash the decision made by the respondents to reject the nomination for election to the Senate of the candidate Arthur Dent.

7. Declare that the respondent is a candidate for election to the Senate as a representative of the people of the State of Victoria pursuant to the writs for an election issued on Wednesday 17 October 2007.

8. Exemplary damages.

B.      AMENDED CLAIM FOR INTERLOCUTORY RELIEF

AND the applicant claims by way of interlocutory relief:

1.   That the Respondents enroll the applicant forthwith as an elector pursuant to the Electoral Enrolment Form dated 16 October 2007.

2.   That the Respondents enroll forthwith the applicant as specified in his form dated 16 October 2007 for address not to be shown on electoral roll and as a general postal voter.

3.   Such further or other orders as the court sees fit.

4.   Costs

5. Order the secondnamed respondent to accept the nomination of Arthur Dent for election to the Senate forthwith.

6. Order the firstnamed respondent to determine pursuant to s.381A to extend by such further time, not exceeding 48 hours, as is necessary the times by which the respondents are required by all provisions of the Act for the respondents to perform the acts necessary for a free and fair election to be held for representatives directly chosen by the people of the State of Victoria with Arthur Dent as one of the candidates for election.

7. Restrain the respondents from declaring the names of any other candidates for election to the Senate from Victoria pursuant to section 176 until the nomination of Arthur Dent is included or leave of this Court obtained.

8. Liberty to apply on short notice.

Amended Date: 2 November October 2007

___________________

(Applicant)

C.      NOTICE TO RESPONDENT

TO the Respondents of 2 Lonsdale Street, Melbourne 3000

This application has been set down for the time and place stated below. If you or a legal practitioner representing you do not attend the Court at that time, the application may be dealt with and judgment may be given, or an order made, in your absence. As soon after the time mentioned as the business of the Court will allow, any of the following may happen:

(a)   the application may be heard;

(b)   directions may be given for the further conduct of the proceeding;

(c)   any application for interlocutory relief may be heard.

Before any attendance at Court, you must file an appearance in the Registry.

Time and date for hearing:

Place:

D.      ABRIDGMENT OF SERVICE

The time by which this application is to be served has been abridged by order made on to

Date:                   October 2007

(signed, Registrar)

E.      FILING AND SERVICE

The applicant’s current address is [REDACTED].

The Applicant’s address for service is 302-308 King Street, Melbourne 3003.

It is intended to serve this application on each person listed below:

1.      Daryl Wight C/O Australian Electoral Commission, 2 Lonsdale Street, Melbourne 3000