Full Court Minute Books

Case M46/2018

Clubb v. Edwards & Anor

Case No.

M46/2018

Related matter:

H2/2018 - Preston v. Avery & Anor

Case Information

Catchwords

Constitutional law – Implied freedom of political communication – Public Health and Wellbeing Act 2008 (Vic) s 185D – Where s 185D prohibits engaging in “prohibited behaviour” within “safe access zone” – Where “prohibited behaviour” defined to include “communicating by any means in relation to abortions in a manner that is able to be seen or heard by a person accessing, or attempting to access, or leaving premises at which abortions are provided and is reasonably likely to cause distress or anxiety” – Where appellant convicted of charge under s 185D in Magistrates’ Court – Whether 185D impermissibly burdens implied freedom of political communication.

Short Particulars

Documents*

23/03/2018 Hearing (Single Justice, Melbourne V/link Adelaide and Hobart)

03/04/2018 Cause removed

04/04/2018 Notice of constitutional matter (Ms Clubb)

11/05/2018 Written submissions (Attorney-General for the State of Victoria)

11/05/2018 Chronology (Attorney-General for the State of Victoria)

18/05/2018 Written submissions (Ms Edwards)

18/05/2018 Chronology (Ms Edwards)

25/05/2018 Written submissions (Attorney-General of the Commonwealth intervening)

25/05/2018 Written submissions (Attorney-General for the State of New South Wales intervening)

25/05/2018 Written submissions (Attorney-General of the State of Queensland intervening)

25/05/2018 Written submissions (Attorney-General for the State of Western Australia intervening)

25/05/2018 Written submissions (Attorney-General for the State of South Australia intervening)

25/05/2018 Written submissions (Human Rights Law Centre seeking leave to appear as amicus curiae)

25/05/2018 Written submissions (Castan Centre for Human Rights Law seeking leave to appear as amicus curiae)

25/05/2018 Written submissions (Fertility Control Clinic seeking leave to intervene or appear as amicus curiae)

08/06/2018 Written submissions (Ms Clubb)

22/06/2018 Reply (Attorney-General for the State of Victoria)

22/06/2018 Reply (Ms Edwards)

28/08/2018 Order granting leave to appear as amicus curiae limited to the written submissions

31/08/2018 Written submissions (Access Zone Action Group seeking leave to appear as amicus curiae)

12/09/2018 Hearing (Single Justice, Canberra)

08/10/2018 Supplementary written submissions (Ms Clubb)

09/10/2018 Hearing (Full Court, Canberra) (Audio-visual recording)

09/10/2018 Outline of oral argument (Ms Clubb)

09/10/2018 Outline of oral argument (Ms Edwards)

09/10/2018 Outline of oral argument (Attorney-General for the State of Victoria)

10/10/2018 Hearing (Full Court, Canberra) (Audio-visual recording)

10/10/2018 Outline of oral argument (Attorney-General of the Commonwealth intervening)

11/10/2018 Hearing (Full Court, Canberra) (Audio-visual recording)

11/10/2018 Outline of oral argument (Attorney-Genearl of the State of Queensland intervening)

11/10/2018 Outline of oral argument (Attorney-General for the State of South Australia intervening)

11/10/2018 Outline of oral argument (Attorney-General for the State of Western Australia intervening)

11/10/2018 Outline of oral argument (Attorney-General for the State of New South Wales intervening)