High Court of Australia
HIGH COURT OF AUSTRALIA
FRENCH CJ, HAYNE, CRENNAN, KIEFEL, BELL, GAGELER AND KEANE JJ
Matter No S36/2014
SLEIMAN SIMON TAJJOUR PLAINTIFF
AND
STATE OF NEW SOUTH WALES DEFENDANT
Matter No S37/2014
JUSTIN HAWTHORNE PLAINTIFF
AND
STATE OF NEW SOUTH WALES DEFENDANT
Matter No S38/2014
CHARLIE MAXWELL FORSTER PLAINTIFF
AND
STATE OF NEW SOUTH WALES DEFENDANT
Tajjour v New South Wales Hawthorne v New South Wales Forster v New South Wales [2014] HCA 35 8 October 2014 S36/2014, S37/2014 & S38/2014
ORDER
Matter No S36/2014
The questions asked in the Special Case dated 5 March 2014 be answered as follows:
1. Is s 93X of the Crimes Act 1900 (NSW) invalid because it impermissibly burdens the implied freedom of communication on governmental and political matters, contrary to the Commonwealth Constitution?
Answer: Section 93X of the Crimes Act 1900 (NSW) is not invalid.
2. Is there implied into the Commonwealth Constitution a freedom of association independent of the implied freedom of communication on governmental and political matters?
Answer: No.
3. Does s 93X of the Crimes Act 1900 (NSW) contravene any implied freedom of association referred to in question 2?
Answer: Unnecessary to answer.
4. Is s 93X of the Crimes Act 1900 (NSW) invalid because it is inconsistent with the International Covenant on Civil and Political Rights as ratified by the Commonwealth of Australia?
Answer: No.
5. Who should pay the costs of the special case?
Answer: The plaintiff.
Matter No S37/2014
The questions asked in the Special Case dated 5 March 2014 be answered as follows:
1. Is s 93X of the Crimes Act 1900 (NSW) invalid because it impermissibly burdens the implied freedom of communication on
governmental and political matters, contrary to the Commonwealth Constitution?
Answer: Section 93X of the Crimes Act 1900 (NSW) is not invalid.
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