Legal battle possible in Chisholm

Labor and the Greens are considering whether to join Oliver Yates’s legal action.

Independent Oliver Yates, right, campaigns outside the Pre Poll Voting centre in Hawthorn for the seat of Kooyong. Picture: Stuart McEvoy

Labor and the Greens are considering whether or not to join legal action being pursued by independent Kooyong candidate Oliver Yates, in a case that could have implications for the Liberals’ narrow win in the Victorian seat of Chisholm.

Liberal Gladys Liu is 1,386 votes ahead in the eastern Melbourne seat, but her Labor counterpart Jennifer Yang is yet to concede defeat.

Mr Yates has threatened to take the Liberal Party to the Court of Disputed Returns over Chinese language signs, designed to resemble purple and white Australian Electoral Commission material, which told Chinese voters “the correct voting method” was to put a “1” next to the Liberal candidate and number the rest of the boxes from lowest to highest.

The signs appeared in Kooyong and Chisholm and were authorised by Liberal Party Victorian Secretary Simon Frost.

In response to complaints from Mr Yates and Labor on Election Day, the AEC declined to take action, saying the signs were authorised and there were no rules regarding the use of colour in campaign signage.

However, legal advice supplied to Mr Yates and seen by The Australian argues the signs breach section 329 of the Electoral Act because they are “misleading or deceptive”.

Marque Lawyers managing partner Michael Bradley wrote to the AEC on Mr Yates’s behalf, arguing that “the colour of the corflute and absence of any party logos or branding make it appear to be an official AEC poster.”

“There is a very real risk the reader would think they are being told by the AEC that, to record a valid vote, they must vote 1 for Liberal,” Mr Bradley argued, urging the AEC not to declare the result in Kooyong.

Mr Yates told Guardian Australia he intended to pursue the matter in the Court of Disputed Returns and would refer it to the Office of the Director of Public Prosecutions.

“It’s irrelevant to my electoral result … but from the point of view of political integrity there is a principle at stake,” Mr Yates said.

Mr Yates received just 9.72 per cent of the primary vote in Kooyong, compared with Treasurer Josh Frydenberg’s 49.34 per cent.

A Labor strategist said the party was “closely and actively watching the progress of Yates’s legal complaints” and considering their options.

“We are not giving up on Chisholm yet,” the strategist said.

The Australian understands the Greens are also very supportive of Yates’s case and believe it is important that the issue be dealt with in the courts.

However, they are not yet party to the case.

Just three seats remain undecided following Saturday’s poll, after the Australian Electoral Commission deemed the Tasmanian seat of Bass a likely Liberal gain yesterday, delivering Scott Morrison a majority of at least 77 seats.

Liberal candidate Bridget Archer leads Labor MP Ross Hart by 549 votes in Bass, with postal votes favouring the Coalition.

In the Blue Mountains/Hawkesbury River seat of Macquarie in NSW, Liberal candidate Sarah Richards leads Labor MP Susan Templeman by 148 votes, while the ALP is ahead by 836 votes in the WA seat of Cowan, and by 739 votes in the Queensland seat of Lilley.