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ABC News
ABC News
National
High Court reporter Elizabeth Byrne

Liberal Democrats lose High Court bid to keep party name

Former Queensland Premier Campbell Newman is a member of the Liberal Democrats. (ABC News: Christopher Gillette)

The Liberal Democrats party will have to change its name after losing a High Court bid to overturn new electoral laws.

The case was sparked by the Liberal Party's challenge to the Liberal Democrats over the use of the word "Liberal" in its party name.

The High Court today found the electoral laws, which allow an established party to challenge a newer party over the use of the same words in its name, were valid.

The High Court delivered the result quickly, to enable the situation to be resolved ahead of the next election.

New electoral laws can force name change

The challenge before the High Court today related to changes made last year to the so-called non-confusion provisions in the Electoral Act's Register of Political Parties.

The new rules enable an incumbent party to force (via objection) a name change or de-registration of a registered party when the name shares a word in common with the original party.

In this case, it was the use of the word "Liberal" in "Liberal Democrats".

The High Court ruling means the Liberal Democrats Party will have to change their name. (Facebook)

The Liberal Democrats formed about 20 years ago, and have been registered as a party since 2001 in the ACT.

The party has been operating under the current name since 2008.

Presumably pre-empting the High Court's decision, the Australian Electoral Commission (AEC) confirmed it had received an application from the Liberal Democratic Party requesting its name be changed to the Liberty and Democracy Party on February 14.

Under the Electoral Act, the intention for a party to register or change its name must be advertised publicly by the AEC for one month to allow for any objections.

That means the party's name could be officially updated in less than a week.

The High Court will deliver its reasons for the decision at a later time.

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