Top barrister says Labor candidate’s eligibility could put Franklin election in jeopardy

Questions over the eligibility of a Labor candidate could lead to a by-election in Franklin — or even a re-run of the entire state election, a leading barrister has warned.

Labor candidate for Franklin Jessica Munday and Former Bar Association chief Chris Gunson SC.

Questions over the eligibility a Labor candidate could lead to a by-election in Franklin — or even a re-run of the entire state election, a leading barrister has warned.

Former Bar Association chief Chris Gunson SC has prepared an opinion for the Liberal Party on the eligibility of Unions Tasmania state secretary Jessica Munday to stand as a Labor candidate.

The Liberals have argued Ms Munday is not eligible for election because she held an office of profit under the crown by appointment of the governor through her $33,000-a-year board seat with Work Cover Tasmania.

Ms Munday and the Labor Party have rejected the suggestion she may be ineligible as a candidate under the Constitution Act.

Unions Tasmania secretary and Labor candidate for Franklin Jessica Munday at Parliament lawn, Hobart. Picture Chris Kidd

In his eight-page memorandum, Mr Gunson says that in his opinion: “Ms Munday is ineligible to nominate for the electoral division of Franklin and she is likewise ineligible to be elected to the House of Assembly because of her appointment to WorkCover Tasmania.

“I am of the opinion that Ms Munday was and is ‘in an office of profit or

emolument by the appointment of … the Governor” for the purpose of s32(1) of the

Constitution Act and is therefore ineligible to be elected to the House of Assembly by reason of s32(3) of the Constitution Act and nominate in the division of Franklin (or any other electoral division) for election to the House of Assembly by reason of s75 of the Electoral Act.

“An application to the Supreme Court of Tasmania sitting as the Court of Disputed Returns is likely to succeed and the likely orders would be that the election in the electoral division of Franklin be declared void and a by-election held under s64 of the Electoral Act 2004.”

Counsel for Petuna Aquaculture, Chris Gunson SC, outside the federal court for the Huon Aquaculture hearing, Hobart. Picture: MATHEW FARRELL

Mr Gunson said there was also a possibility the entire state election would need to be re-run.

“It is possible that Ms Munday’s involvement in the ALP’s statewide election campaign might risk the result of the general election across all electoral divisions being declared void by the Court of Disputed Returns and the conduct of a further general election, but at this stage it is impossible to make any reasonable assessment of that risk and to do so would be merely speculative absent all necessary facts,” he wrote.

Any challenge to Ms Munday’s eligibility would need to be made within 90 days of the election.

Comment was sought from Ms Munday.

Labor leader Dean Winter said his advice was that Ms Munday was eligible to stand.

“We are incredibly confident,” he said.

Unions Tasmania acting secretary Tom Lynch, Labor leader Dean Winter, shadow Treasurer Josh Willie and Labor candidate Jessica Munday speak to the media in Hobart on Monday, June 30, 2025.

“Jess Munday is a fantastic Tasmanian, she’s a leader, she’s a progressive woman who is going to fight for Franklin every day.

“We are so excited to have her on our ticket, fighting for Labor, fighting for workers, fighting on cost of living, and offering Tasmania as a fresh start.”

In December 1979, the Supreme Court ordered that the election of three candidates in that year’s election be declared void.

The court found that the trio had exceeded their spending limits and the electorate of Denison returned to the polls.

Originally published as Top barrister says Labor candidate’s eligibility could put Franklin election in jeopardy