LNP loses court bid to stop Cr Kate Richards using how-to-vote cards

An independent candidate in this month’s Brisbane City Council elections will be able to push ahead with her how-to-vote cards after a court ruled against an LNP legal bid.

THE LNP has lost its court bid to stop an independent Brisbane city councillor from distributing her how-to-vote cards, with a judge funding they were not misleading voters.

Supreme Court Justice Susan Brown said Cr Kate Richards’s cards may cause some confusion about a choice to be made by Pullenvale ward voters.

LNP takes independent Brisbane councillor Kate Richards to court over ‘misleading’ flyers

Brisbane Council election candidate Kate Richards in court over flyers

But she said they were not of sufficient similarity to persuade her that they were likely to mislead those casting a vote that they were casting a vote for an LNP candidate.

Justice Brown said there were undoubtedly similarities between Cr Richards’s and the LNP candidate’s how-to-vote cards.

Cr Richards’s cards used the colours blue, white and gold and Justice Brown said the colours blue and gold were long associated with the LNP.

While the photo of Lord Mayoral candidate Cr Adrian Schrinner was also on both cards, she said Cr Richards was entitled to endorse whichever mayoral candidate she wished.

Justice Brown said Cr Richards’s how-to-vote cards did not suggest the former LNP member was part of the LNP team, they did not have the LNP logo or suggest they were authorised or endorsed by the LNP.

Cr Kate Richards arrives at Supreme Court in Brisbane on Thursday. Pictures: Attila Csaszar/AAP

The LNP’s Pullenvale ward candidate Greg Adermann had asked for a court order prohibiting the use of two of Cr Richards’s how-to-vote documents.

“I do fair, not back room deals,” Cr Richards said after the decision today.

“I stared down these individual bullies yet again.

“The residents of the Pullenvale ward know I stand for integrity. They have the toughest councillor in council.”

LNP President David Hutchinson said outside court the LNP accepted the judgment.

“I note that in her judgment her honour did say that the how-to-vote cards could cause confusion for voters,” Mr Hutchinson said.

“But I now urge the voters of Pullenvale ward to be very careful and to note that Greg Adermann is the LNP’s endorsed candidate.”

The LNP’s State director Michael O’Dwyer had claimed Cr Richards’s cards how-to-vote cards for the council election were misleading.

Michael O’Dwyer said he objected to Cr Richards, using an image of Lord Mayor Adrian Schrinner on one of her how-to-vote cards.

Mr O’Dwyer said she was misleading Pullenvale ward voters into thinking she was still an LNP member.

Tony Morris QC, for Ms Richards, had claimed the LNP had come to the court with “unclean hands”.

“I would not, based on the evidence and circumstances referred to by Mr O’Dwyer, have concluded that the LNP came to the court with unclean hands,” Justice Brown said.

The LNP’s review committee’ in relation to candidate endorsement, had last year asked Cr Richards, then an LNP member, to come up with a reason for her withdrawal as an LNP candidate.

Cr Richards was told she had to decide whether or not she was going to withdraw.

Justice Brown said Cr Richards claimed that the LNP sought to mislead the electors of Pullenvale by asking her to come up with a reason for her withdrawal.

“The discussion did not go beyond that,” Justice Brown said.

“Ms Richards did not at the time withdraw, nor did she suggest a reason for her withdrawal.

“I do not find that at that point in time there was an intention to deceive the electors of Pullenvale by the LNP, by asking her that if she was going to withdraw, to come up with a reason for it, based on the evidence that is before me.”

Justice Brown dismissed the LNP’s application.