Unions NSW v New South Wales [2019] HCA 1

HIGH COURT OF AUSTRALIA

KIEFEL CJ, BELL, GAGELER, KEANE, NETTLE, GORDON AND EDELMAN JJ

UNIONS NSW & ORS PLAINTIFFS

AND

STATE OF NEW SOUTH WALES DEFENDANT

Unions NSW v New South Wales [2019] HCA 1 29 January 2019 S204/2018

ORDER

The questions stated by the parties for the consideration of the Full Court be answered as follows:

1. Is s 29(10) of the Electoral Funding Act 2018 (NSW) invalid because it impermissibly burdens the implied freedom of communication on governmental and political matters, contrary to the Commonwealth Constitution?

Answer

Yes.

2. Is s 35 of the Electoral Funding Act 2018 (NSW) invalid (in whole or in part and, if in part, to what extent), because it impermissibly burdens the implied freedom of communication on governmental and political matters, contrary to the Commonwealth Constitution?

Answer

Unnecessary to answer.

3. Who should pay the costs of the special case?

Answer

The defendant.

Representation

J T Gleeson SC with N J Owens SC and C G Winnett for the plaintiffs (instructed by Holding Redlich Lawyers)

M G Sexton SC, Solicitor-General for the State of New South Wales, and J K Kirk SC with B K Lim for the defendant (instructed by Crown Solicitor's Office (NSW))

S P Donaghue QC, Solicitor-General of the Commonwealth, with C L Lenehan and C J Tran for the Attorney-General of the Commonwealth, intervening (instructed by Australian Government Solicitor)

P J Dunning QC, Solicitor-General of the State of Queensland, with F J Nagorcka for the Attorney-General of the State of Queensland, intervening (instructed by Crown Solicitor (Qld))

J A Thomson SC, Solicitor-General for the State of Western Australia, with G J Stockton for the Attorney-General for the State of Western Australia, intervening (instructed by State Solicitor's Office (WA))

M J Wait SC with K M Scott for the Attorney-General for the State of South Australia, intervening (instructed by Crown Solicitor's Office (SA))