The evolving dynamics of the High Court were on show in two judgments on Wednesday, as both the Tax Office and the Electoral Commission went down.
Over the past year, geography has been a big factor in decisions, with the four NSW judges — Chief Justice Stephen Gageler, Jacqueline Gleeson, Jayne Jagot and Robert Beech-Jones — seemingly in one camp, and Michelle Gordon (Vic), James Edelman (WA*) and Simon Steward (Vic) in another.
Gageler has had a knack for securing at least two of the other “blue” justices to join him in the lead judgment, and can usually rely on others to agree with the verdict, if not the reasoning, to form a majority.
So it was in Andrew Laming v the Electoral Commissioner, which featured a dissenting Justice Edelman offering advice to parliament on legislating in the digital age.
