Any ALP High Court challenge to electoral boundary redraw likely to fail, says law professor John Williams

A LABOR High Court challenge to new state election seat boundaries has only a slim chance of success and may not even be accepted for a hearing at appeal, a top constitutional expert says.

Premier Jay Weatherill and Health Minister Jack Snelling a during visit the new Royal Adelaide Hospital. Mr Snelling could lose his seat Picture: Tricia Watkinson.

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• How the Electoral Commission reshaped the state’s political map
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A LABOR High Court challenge to new state election seat boundaries has only a slim chance of success and may not even be accepted for a hearing at appeal, a top constitutional expert says.

The full bench of the Supreme Court on Friday threw out SA Labor’s attempt to overturn proposed new battlelines for next year’s state election.

If the radical redraw of electorates stands, and votes fall the same next year as they did in 2014, the Liberals would take government.

Labor objected to the redraw on grounds that it delivered large differences in the number of people in each electorate, offending the democratic principle of “one vote, one value”.

The Supreme Court found that variance was allowed under SA’s Constitution Act.

Labor is considering a High Court appeal, and a decision is expected to be revealed Tuesday.

University of Adelaide law professor John Williams, one of the nation’s leading constitutional experts, told The Advertiser that overturning the result in a higher court was unlikely.

Prof Williams said the High Court may not even agree to hear an appeal, because it considered cases of national significance and SA’s electoral laws were so unique that they lacked wider relevance.

“This was a fairly resounding response from the Supreme Court,” Prof Williams said.

“Getting it to the High Court will be difficult, because of the idiosyncratic nature of the ‘fairness’ clause in SA. The High Court needs to see a universal, or much wider application.”

Prof Williams said there were also past cases that counted against SA Labor, specifically one referenced in last week’s Supreme Court judgment. The 1996 High Court case of McGinty v The State of WA focused on a system in which some electorates were twice as large as others.

It found no reason that “electorates must contain substantially the same number of electors”.

Prof Williams said that indicated the smaller variances in SA electorates would be approved.

Finalisation of the boundaries will trigger the start of focused campaigning from both the Labor and Liberal parties as well as the Nick Xenophon Team, which is emerging as a third force.

On Saturday, The Advertiser revealed polling showing Health Minister Jack Snelling at risk of losing his seat to current Labor MP Frances Bedford if she were to become an independent.

Mr Snelling said two-thirds of his current electorate of Playford had moved into Florey, including his Ingle Farm home, and he wanted to continue representing those voters.

“There’s no doubt that Frances has served that area around Modbury with distinction, and she’s a much-loved local member. I know that she’s also incredibly loyal to the Labor Party,” he said.

“I don’t see any reason why I would expect that to change.”

Senator Xenophon said he would give Ms Bedford his full support as an independent.

He said the combined 50 per cent primary vote for an independent Ms Bedford and a notional NXT contender showed widespread appetite for an alternative to the major parties.