The grounds for declaring an election void under the Electoral Act 1985 (SA) are not limited to those in s 107(3) and (4); the common law of elections as stated in Woodward v Sarsons and Bridge v Bowen applies in South Australia. Misleading advertising contrary to s 113 does not constitute an 'irregularity in or affecting the conduct of the election' under s 107(3), but may ground a petition under common law principles if the conduct was such that there was no real election. Section 106 permits a common sense judgment but does not allow the Court to create new law or ignore substantive legal principles. Section 83 of the Constitution Act 1934 is directed only at the Electoral Districts Boundaries Commission and cannot ground an election petition based on post-election conduct of a member.
The full text is available to signed-in members, including the 7 later cases that cite this judgment.
2 of the 7 citing cases carry a classified treatment. How each court treated it is available to signed-in members.