Former Victorian Liberal Party state director Sam McQuestin says he’s “perplexed” at how two advertisements appeared in a regional newspaper during last year’s federal election without the proper authorisations.
The Australian Electoral Commission has launched action against McQuestin in the Federal Court after deeming the full-page ads, which were published in News Corp’s Geelong Advertiser, unlawful for failing to properly disclose they came from the Liberal Party, or were authorised by him.
Sam McQuestin is being sued by the Australian Electoral Commission.
McQuestin’s barrister Paul Jeffreys told the court on Friday his client had been unaware of the court action against him until last month.
But McQuestin said he knew the electoral commission had sent a notice about the advertisements to Font PR, the firm contracted to the Victorian division of the Liberal Party during the election campaign who had responsibility for overseeing and designing them.
“To see the described particulars [authorisation] is still a matter of perplexion for my client,” Jeffreys said.
“If one is to access the electronic copies of the relevant versions of the newspaper now, the particulars are prominently displayed. My client has recollections of versions of these advertisements with the particulars prominently placed.”
One of the advertisements centred around Corangamite Labor MP Libby Coker.Credit:Alex Ellinghausen
The court heard the electoral commissioner alleges the advertisements published in the Geelong Advertiser either failed to contain the authorisation or, if they were present, they were either illegible or not prominent.
Paid political advertisements in Australia must contain the name of the registered political party behind them and the name of the town or city of the person authorising it. It must also be declared prominently and legibly.
One of the advertisements at the centre of the court case is a full-page anti-Labor campaign claiming Corangamite Labor MP Libby Coker was against the community’s wellbeing because she wanted to tear up contracts to stop a local swimming pool being built and did not live in the electorate.
Another advertisement for Liberal candidate Stephanie Asher’s how-to-vote card said she was positive, trusted and would deliver for her community.
The matter before Justice Michael O’Bryan will return to court next month.
The court heard the former state director and the electoral commission could be set for mediation in an attempt to resolve the matter.
The court hearing comes after Stuart Smith was endorsed as the new state director at a meeting of the Victorian Liberal Party’s 19-member administrative committee on Thursday night.
Smith has been the West Australian Liberal state director for less than two years, taking it on after the party was wiped out in the 2021 state election. He was previously state director of the Tasmanian branch.
Font PR has been contacted for comment.
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