Two former independents have launched a high court challenge to new electoral laws, accusing the major parties of rigging campaign finance rules to ensure federal politics remains a "cosy table for two".
The former Goldstein MP Zoe Daniel and former independent senator for South Australia Rex Patrick claim features of the regime "unlevel" the playing field for smaller players and are unconstitutional.
The Albanese government struck a deal with the Coalition ahead of the May election to overhaul federal donation laws with the aim of stripping big money out of politics.
The new regime - which will be tested for the first time at the election due in 2028 - places caps on donations and spending, and reduces the donation disclosure threshold to $5,000.
Independents, the fundraising vehicle Climate 200, the Greens and integrity experts criticised the laws when they were introduced, warning certain aspects would make it even harder for aspiring MPs to unseat major party candidates.
In a statement of claim filed with the high court on Monday, Daniel and Patrick challenged the new laws on three grounds.
The first is the $800,000 cap on spending in each electorate, which they claim impinges on the implied right of political communication.
The expenditure cap applies to all candidates, but the former independents argue newcomers are at disadvantage because major parties can also tap into their national campaign budget, which is capped at $90m.
The second point of contention is the $50,000 cap on individual donations, which the government introduced to block Clive Palmer-sized campaigns.
The independents note that Labor and the Coalition have state, territory and federal branches, meaning a donor could funnel up to $450,000 into the party without breaching the laws.
The third is the rule that prevents a single donor, such as Climate 200, giving to more than five candidates in a state or territory.
Guardian Australia has confirmed Climate 200 is among a number of financial backers of the case, which is being run by Ripple Legal.
Daniel, who lost her seat of Goldstein at the May election, said: "Labor and the Coalition could get better or they could rig the rules. What a surprise that they've chosen the latter. It's a rort, not reform."
"Labor and Liberal have conspired to try to ensure that politics remains a cosy table for two at which they are the only invitees, even as voters make it clearer and clearer that they think less and less of the diet the major parties have to offer."
In the statement of claim, the spending and donation caps were described as a "significant disincentive" to Daniel recontesting Goldstein in 2028.
Patrick - who lost his seat in 2022 - said it would be impossible to mount a "competitive campaign" in the South Australian senate race if the caps remained.
"This is a necessary challenge to ensure independent candidates are not left election campaigning with one hand tied behind their back,"Patrick said.
Don Farrell, who as special minister of state has responsibility for electoral laws, was contacted for comment.