The Australian Electoral Commission has initiated a civil case against ex-Victorian Liberal Party director Sam McQuestin over four advertisements placed in the Geelong Advertiser before the May federal election.
It alleges Mr McQuestin, whose full name is Charles David McQuestin, breached electoral laws by not properly declaring the ads came from him and the Liberal Party.
One of the newspaper ads was a full-page attack on sitting Labor MP Libby Coker, while another was a full-page portrait of Liberal candidate for Corangamite Stephanie Asher along with a how-to-vote card.
Both paid political advertisements contained authorisations in small writing towards the bottom of the page but they must be made prominently, legibly and in contrasting text.
In a case management hearing in the Federal Court on Friday, Mr McQuestin's barrister Paul Jeffreys said his client was not directly contacted by the commission about the ads until it launched proceedings on February 15.
"So I must say we are playing a little bit of catch up," Mr Jeffreys said.
However, Mr McQuestin was aware of the AEC in July sending a notice to Font PR, one of two public relations companies contracted by the Victorian Liberal Party at the time of the 2022 federal election campaign.
Mr Jeffreys said Font PR's role included overseeing the design and placement of election advertisements, and attached to the notice were two photographs of the allegedly unlawful ads.
"In those photographs, it was indeed very difficult to see the prescribed particulars. That is still a matter of perplexion for my client for two reasons," Mr Jeffreys said.
"One is that if one is to access the electronic copies of the relevant versions of the newspaper now, the particulars are prominently displayed.
"The second reason is that my client has recollections of authorising these ads, versions of these ads, with the particulars prominently placed."
Mr Jeffreys sought a subpoena to investigate the printing and publication of the ads, with Mr McQuestin reluctant to plead until able to access documents from third parties.
Justice Michael O'Bryan said he was troubled by the breadth and vagueness of the subpoena request, and avenues to acquire documents without one had not been exhausted.
"I'd want to be satisfied that your client is unable to obtain documents that might have emanated from the Liberal Party at the relevant time," he said.
"Now you might tell me that that is the case and, no longer being an officer, he no longer can ask for this, his requests are not being met or whatever it might be, but I just want to satisfied that all appropriate steps have been taken."
Mr McQuestin, who previously served as director of the Tasmania Liberals, stepped down as the head of Victorian branch after the coalition's resounding loss at the November state election.
His replacement, WA state director Stuart Smith, was endorsed by the Victorian Liberals on Thursday night.
Justice O'Bryan adjourned the matter until April 14 to allow the AEC to hand over copies of the ads and for Mr McQuestin's lawyers to seek relevant documents from Victorian Liberals and PR agency, before the court formalises next steps.
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