Muldoon v Melbourne City Council [2013] FCA 994

FEDERAL COURT OF AUSTRALIA

Muldoon v Melbourne City Council [2013] FCA 994 Citation: Muldoon v Melbourne City Council [2013] FCA 994

Parties: JAMES MULDOON and SARA LOUISE KERRISON v MELBOURNE CITY COUNCIL, KEN LAY CHIEF COMMISSIONER OF POLICE and STATE OF VICTORIA

File number: VID 1224 of 2011

Judge: NORTH J

Date of judgment: 1 October 2013

Catchwords: HIGH COURT AND FEDERAL COURT – Jurisdiction of the Federal Court – Judiciary Act 1903 (Cth) s 39B(1A)(b) – matter arising under the Constitution or involving its interpretation – whether challenge to Council by-laws and regulations on the basis that they infringed the implied freedom of political communication gave rise to a matter arising under the Constitution or involving its interpretation PRACTICE AND PROCEDURE – Representative proceeding – persons having the same interest – whether same interest – Federal Court Rules 2011 (Cth) rr 1.32, 8.21, 9.21 CONSTITUTIONAL LAW – Implied freedom of political communication – Council by-laws and regulations prohibited certain conduct in public gardens without permission and provided for the enforcement of those provisions – whether by-laws and regulations effectively burdened freedom of political communication – whether by-laws and regulations were reasonably appropriate and adapted to achieving a legitimate end in manner compatible with system of representative and responsible government HUMAN RIGHTS – Charter of Human Rights and Responsibilities Act 2006 (Vic) ss 7, 15, 16, 32, 38 – freedom of expression – peaceful assembly – freedom of association – whether making of Council by-laws and regulations was incompatible with a human right – whether actions taken under Council by-laws and regulations were incompatible with a human right