Attorney-General for South Australia v. Corporation of the City of Adelaide and Ors
Case No.
A16/2012
Case Information
Lower Court Judgment
10/08/2011 Supreme Court of South Australia (Doyle CJ, White J, Kourakis J)
Catchwords
Constitutional law (Cth) — Operation and effect of Constitution — Interpretation — Implied freedom of political communication about government or political matters — System of representative and responsible government — Local government — Clauses 2.3 and 2.8 of the Corporation of the City of Adelaide By-Law No 4 (Roads), inter alia, prohibited preaching, canvassing, haranguing, and distribution of printed matter without permission on roads ("by-law") — Application of constitutional freedom of communication about government and political matters where possible to seek judicial review of an administrative decision that refused consent to communicate — Whether by-law complies with limitations on legislative power delegated to local government under s 667(1)9(XVI) of the Local Government Act 1934 (SA) — Whether impugned by-law effectively burdens freedom of communicating about government and political matters — Whether by-law reasonably appropriate and adapted to serve legitimate end in manner compatible with maintenance of representative and responsible government — Whether potential that by-law may be erroneously administered relevant to validity.
Documents
11/05/2012 Hearing (SLA, Canberra by v/link to Adelaide)
23/05/2012 Notice of appeal
24/05/2012 Notice of Constitutional Matter
08/06/2012 Written submissions (Appellant)
08/06/2012 Chronology (Appellant)
15/06/2012 Written submissions (Attorney-General of the Commonwealth intervening)
15/06/2012 Written submissions (Attorney-General of the State of Queensland intervening)
15/06/2012 Written submissions (Attorney-General for the State of New South Wales intervening)
26/06/2012 Written submissions (Attorney-General for the State of Victoria intervening)
29/06/2012 Written submissions (First Respondent)
29/06/2012 Written submissions (Second Respondent)
29/06/2012 Written submissions (Third Respondent)
03/07/2012 Written submissions (Attorney-General for the State of Western Australia intervening)
13/07/2012 Reply (Appellant)
19/07/2012 Reply (First Respondent)
25/09/2012 Summons seeking leave to intervene and appear as amicus curiae (Human Rights Law Centre)
25/09/2012 Written submissions (Human Rights Law Centre)
27/09/2012 Summons seeking leave to amend Notice of Contention and file supplementary submissions (Third Respondent)
27/09/2012 Supplementary written submissions (Third Respondent)
02/10/2012 Hearing (Full Court, Canberra)
03/10/2012 Hearing (Full Court, Canberra)
27/02/2013 Judgment (Judgment summary)