Former Victorian Liberals boss Sam McQuestin sued for ‘unlawful advertising’

Sam McQuestin is being sued by the AEC for improperly authorising paid political ads during last year’s federal election.

Sam McQuestin at a State Liberal Conference at Wrest Point.

The Victorian Liberal Party’s former director Sam McQuestin is being sued by the Australian Electoral Commission for unlawful advertising during last year’s federal election.

Mr McQuestin, whose real name is Charles David McQuestin, has been accused of paying for and approving two advertisements in the Geelong Advertiser which did not properly declare they came from the Liberal Party or that they were authorised by him.

One of the advertisements was a full page anti-Labor campaign, claiming sitting member Libby Coker “acts against our community’s well being”. Coker was pictured with her husband below the words “Coker’s link to secret rich list” and was accused of wanting to “tear up” contacts to stop a local swimming pool from being built and prevent young people using their super money to access the housing market.

The second advertisement was another full page portrait showing Liberal candidate Stephanie Asher with a how-to-vote card, and claiming the candidate was positive and trusted, and directing readers to her online campaign plan.

Sam McQuestin with former Prime Minister Scott Morrison and former Tasmanian Premier Will Hodgman during a Liberal State Conference. Picture: Chris Kidd

Paid political advertisements in Australia must contain the name of the registered political party behind it and the name of the town or city of the person authorising it. That declaration must be made prominently, legibly and in text that contrasts with the background on which it appears.

In both advertisements, the authorisation appeared down the bottom of the page in tiny white writing that was illegible against the coloured background on which it was written.

Sam McQuestin is being sued by the AEC over these advertisements.

Another of the advertisements.

“The harm suffered by reason of Charles McQuestin’s conduct, on behalf of the Liberal Party of Australia, is in the nature of a public harm, namely that the rules for transparent and accountable electoral campaigning were not adhered to,” the AEC wrote in its statement of claim. “It is unnecessary to point to any more specific injury or harm to any specific individual.”

Mr McQuestin announced his resignation from the party after the Coalition’s overwhelming loss to the Andrews Labor government in November last year, referencing “internal challenges”.

“I would like to thank all those who provided me with their support and loyalty over the three years I had the honour of being state director,” he said at the time.

“Clearly, the Victorian division of the party is facing some significant challenges and I wish my successor – whoever that might be – all the very best.”

Mr McQuestin’s court battle is the latest in a long list of controversies embroiling the Victorian Liberal Party. Currently, the Coalition holds 27 seats in parliament compared to Labor’s 56.

Just last month the party’s new media boss Nick Johnston was revealed to have previously applied to work in the Dan Andrews’ private office. Mr Johnston sought two roles in Mr Andrews’ office – senior media adviser and a press secretary – in February 2021.

Mr McQuestin told The Australian he "does not accept" that he approved unlawful advertising. 

"However, that is a matter that is now before the court so we will have to let the court make a determination on that," he said.