Liberal Party win in Kooyong sign stoush
A Supreme Court has granted an urgent injunction in favour of the Liberal Party to prevent a Melbourne council from restricting its candidate’s campaign signage.
A Supreme Court has granted an urgent injunction in favour of the Liberal Party to prevent a Melbourne council from restricting its candidate’s campaign signage.
The Liberal Party applied for the injunction after Boroondara City Council workers removed several of its campaign signs on Wednesday for Amelia Hamer, who is contesting incumbent teal independent Monique Ryan for the seat of Kooyong in Melbourne’s east.
The council said the signs – which were displayed outside an early voting centre in Kew and have since been returned to the Liberal Party – were “non-permitted advertising that presented a risk to pedestrians and road users”.
The council had issued each candidate with a permit to display just one sign outside the voting centre on the basis of safety and accessibility concerns.
In the Supreme Court on Thursday, judge Kerri Judd ruled in favour of the Liberal Party’s request for urgent injunctive relief to restrain the council from taking any steps to prevent the display of multiple A-frame signs at the Kew polling booth until its closure at 6pm on Friday.
“Ultimately, taking into account the competing considerations, I find that the balance of convenience falls in favour of granting the injunction sought,” Justice Judd said.
Victorian Liberal Party state director Stuart Smith gave an undertaking as to damages and to supply signage safely and in accordance with safety and accessibility directions from the council.
This came after the Liberal Party’s barrister Dean Luxton told the court the council’s regulation of the matter was unlawful because it posed an “impermissible” burden on the implied constitutional freedom of political communication.
Mr Luxton said the council’s one-sign rule was “arbitrary” and had a disproportionately negative effect on parties running more than one candidate.
“The early voting centre services, for the Liberals, four different House of Representatives electorates,” Mr Luxton said.
“It would not be possible to represent and promote each of those candidates through the electorate signage.
“Same is to be said for candidates to the Senate.”
Mr Luxton said signage played a significant role in the choice between candidates at polling booths, enabled parties to relate policies to candidates, and allowed for communication with non-English speakers.
Emrys Nekvapil SC, acting for the council, denied the council’s actions were unlawful and said candidates had been able to apply for a permit to display more than one sign, but that the Liberal Party had failed to do so.
During the hearing, Mr Nekvapil put forward an offer from the council to allow a total of 14 signs on each side of the road – four for each candidate – which he said would “balance the number of signs that can be safely accommodated on a busy intersection with tram stops etc”.
However the Liberals rejected the offer, with Mr Luxton telling the court it failed to recognise “the differing needs of political parties” and constituted “policymaking on the hoof”.
The Boroondara City Council mayor is former independent state parliament candidate Sophie Torney.
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