The Appeal against the Commission’s Order was dismissed by the Full Bench of the Supreme Court on Friday 10 March 2017. The Judgment of the Court is available on the Austlii website under the title of Martin v Electoral Districts Boundaries Commission.
The following information details proceedings relating to the Appeal:
At the directions hearing held before The Honourable Chief Justice Kourakis on 23 December 2016 orders were made requiring a Public Notice regarding the appeal against the Order of the Electoral Districts Boundaries Commission be published on this website along with a copy of the Notice of Appeal and the Draft Case Book Index. Those documents are shown below on this page.
PUBLIC NOTICE
Information regarding appeal against order of Electoral District Boundaries Commission
brought pursuant to s 86 of the Constitution Act 1934 (SA)
TAKE NOTICE that REGGIE BRIAN MARTIN (the appellant) has lodged an appeal in the Supreme Court
of South Australia against the Order of the ELECTORAL DISTRICTS BOUNDARIES COMMISSION made on
7 December 2016 making a redistribution of the electoral districts boundaries of South Australia (the appeal).
The Notice of Appeal and a draft case book index prepared by the appellant may be viewed at the Registry of the
Supreme Court and www.edbc.sa.gov.au. Any person wishing to be joined as a party to the above appeal or any
other appeal which may be filed against the order should complete Form 17 – Notice of address for service (found at
http://www.courts.sa.gov.au/ForLawyers/Pages/SC-Forms-CivilSup2014-Current.aspx).
That form should quote file number SCCIV-16-1613 and be sent by email to This email address is being protected from spambots. You need JavaScript enabled to view it.
by 13 January 2017. The appeal has been listed for a directions hearing on Monday 16 January 2017 at 10:30am
at the Supreme Court of South Australia, 1 Gouger Street, Adelaide SA 5000. Any person who is a party to the
appeal or has given notice of an application to be joined must attend that hearing. The appeal will be heard by
the Full Court of the Supreme Court of South Australia on a day or days between 30 January 2017 and 4 March 2017.
The following is a reproduction of section 86 of the Constitution Act 1934.
86—Order of the Commission
(1) The Commission shall cause an order making an electoral redistribution to be
published in the Gazette.
(2) Within one month of the publication of an order, any elector may, in the manner
prescribed by Rules of Court, appeal to the Full Court of the Supreme Court
against that order, on the ground that the order has not been duly made in
accordance with this Act.
(3) The Commission shall be the respondent to any appeal under this section.
(4) Where an appeal has been instituted under this section, the order shall not take
effect until the appeal has been disposed of.
(5) Where more than one appeal is instituted against the same order, every such
appeal may be dealt with in the same proceedings.
(6) In any appeal under this section, any person having an interest in the
proceedings may, upon application to the Court, be joined as a party to the
proceedings.
(7) On the hearing of an appeal under this section the Full Court may—
(a) quash the order and direct the Commission to make a fresh electoral
redistribution; or
(b) vary the order; or
(c) dismiss the appeal,
and may make any ancillary order as to costs or any other matter that it thinks expedient.
(8) The validity of an order of the Commission shall not be called in question except
in an appeal under this section.
(9) An appeal against an order of the Commission shall be set down for hearing by
the Full Court as soon as practicable after the expiration of one month from the
date of the order, and the appeal shall be heard and determined by the Full
Court as a matter of urgency.
Documents relevant to the appeal will be posted below.
