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Family First warns further High Court challenge possible if unfair electoral laws not properly fixed

Family First Party

Family First National Director Lyle Shelton says the Allan Labor Government must properly fix Victoria’s unfair electoral laws following today’s High Court ruling, warning the party will not rule out a further legal challenge if the big parties keep the system rigged.

 

“Today’s High Court decision confirms that electoral laws which discriminate against minor parties and independents cannot stand,” Mr Shelton said.

 

“The worry is Labor and Liberal will collude with a legislative fix for today’s ruling that doesn’t address all of the unfairness in the laws.”

 

The High Court in Hopper v Victoria [2026] HCA 11 found that provisions of Victoria’s electoral funding regime were invalid due to discriminatory loopholes in donation caps that favoured the larger parties.

 

“Discrimination against minor parties and independents was the principle the High Court identified as unlawful. Any legislative fix must take this into account,” Mr Shelton said.

 

Family First is calling on the Victorian Parliament to ensure its legislative response addresses all areas of unfairness, including:

 

• Removing the arbitrary 4 per cent threshold before first preference votes receive public funding,

 

• Ending requirements forcing smaller parties to repay legitimately used campaign funding,

 

• Abolishing additional administrative funding streams reserved for parties with sitting MPs.

 

“These rules have the effect of protecting the major parties and limiting genuine political competition,” Mr Shelton said.

 

“The question for Labor and Liberal is whether they will take this opportunity to restore fairness, or simply make minimal changes to protect themselves,” he said.

 

“If the response fails to properly address discrimination against minor parties and independents, Family First will carefully consider all available options, including further action in the High Court.”

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