If you are still unsure about your Liberal/Labor preference in Bennelong, here is something to consider
This morning's Sydney Morning Herald has quoted Malcolm Turnbull saying:
At the moment, if people vote Labor [in Wentworth] what are they voting for, a by-election? Having to go through it all over again?
The same is applicable to a Liberal vote in Bennelong. The Prime Minister has phrased all his commitments to stay on after the election very carefully so that they only apply if the Liberal government is re-elected. Sometimes the commitment is phrased so that the qualification is subtle or even implied, but the limitation is there. If Howard wins Bennelong but the Liberals lose the election, Howard will resign and we will have to do it all again in February. Malcolm Turnbull's quote, turned around a little, is equally true:
At the moment, if people vote Liberal [in Bennelong] what are they voting for, a by-election? Having to go through it all over again?
With the polls showing that the Liberals having no chance of victory nationally barring some extraordinary and unprecedented event, a vote for John Howard in Bennelong is a vote for a by-election - doing it all again early next year. There are no ifs or buts about it.
The prospect of a by-election is an annoyance to most, but if you are undecided in Bennelong now do you really want to have to deal with this decision all over again so soon? If the answer is "no", then you need to be preferencing Labor's Maxine McKew ahead of John Howard.
Voting for a by-election in Wentworth
This concept is nothing more than scare-mongering by the sitting member for Wentworth. George Newhouse's candidature is legally valid - as supported by legal advice from one of Australia's top QCs. The surprise in all of this is the extent to which the MSM have continued to run with the story, even countering the QC's advice with contradictory 'evidence' from an Associate Professor from the University of Sydney!!
The legal advice, plus a statement from George Newhouse himself on the matter can be found here: http://georgenewhouse.net
Agreed
The effect of section 6(2) and clause 7(1)(e) of Schedule 2 of the Consumer, Trader and Tenancy Tribunal Act 2001 (NSW) is quite clear on the matter - he ceased to be a member of the Tribunal at the instant his nomination was submitted and so it is entirely irrelevant when (or even if) the resignation was submitted. Section 373 and clause 6(1)(d) of Schedule 5 of the Workplace Injury Management and Workers Compensation Act 1998 (NSW) have the same effect in relation to his membership of the Workers Compensation Commission.
This is a no-brainer and I do not see how there could be any conflicting legal advice. While I am not aware of any specific decisions on this point, Court decisions relating to Chapter III of the Constitution are not relevantly distinguishable and leave no room for an alternative interpretation.
This of course has no effect on the applicability of Turnbull's comments to Bennelong, where a vote for the Prime Minister is a vote for a by-election.