Judge dismisses challenge over Josh Frydenberg, Gladys Liu election signs
A legal challenge against the election of two sitting federal Coalition MPs due to Chinese language signage has been dismissed, but a former Liberal party director could still face action.
The cases against Treasurer Josh Frydenberg and Victorian Liberal MP Gladys Liu were dismissed in the Court of Disputed Returns on Tuesday.
However, former Liberal party director Simon Frost must show reasons why the court shouldnāt refer him to the High Court for breaches of electoral rules.
Josh Frydenberg and Gladys Liuās election wins in May are being challenged over purple and white Chinese language signs telling voters in Kooyong and Chisholm the ācorrectā way to vote is to put the Liberal Party first.
Their results were challenged by failed Kooyong candidate Oliver Yates and climate campaigner Vanessa Garbett, who have argued the corflutes were likely to mislead or deceive voters.
They argued in a three-day trial last month that the Liberal Party signage was designed to mirror the Australian Electoral Commissionās signage
The challengersā lawyer, Lisa De Ferrari, had acknowledged voiding the MPsā election was a ādrastic measureā but said the signs were a āpublic wrong of some great importanceā.
Former Victorian Liberal Party director Simon Frost was quizzed during the trial and admitted under questioning by Ms De Ferrari that the signs were intended to give the impression it was an AEC corflute.
But he said the signs, written in both simplified and traditional Chinese script, were different to the translation that had been approved by the party.
āThe translation was not as I had given,ā he said.
https://twitter.com/_Oliver_Yates/status/1209317467249676289
Lawyers for the electoral commission said the idea that voters could be so āgullible and naiveā to believe Australia was a one-party state was āan outlandish propositionā.
He added that the proportion of voters in Kooyong and Chisholm who spoke only Mandarin or Cantonese was too small to have affected the election outcome.
Ms Liu beat her Labor challenger by about 1000 votes while Mr Frydenberg was re-elected with a 5.7 per cent margin.
Justice Andrew Greenwood, one of three hearing the case, questioned how they could overturn Mr Frydenbergās election with that margin.
He said even if Chinese-speakers in Kooyong changed their vote, Mr Frydenberg would still have won by 4329 votes.
-AAP
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