McCloy & Ors v. State of New South Wales & Anor
Case No.
S211/2014
Case Information
Catchwords
Statutes – Acts of Parliament – Validity of legislation – Election Funding Expenditure and Disclosure Act 1981 (NSW) – Where the first plaintiff was subjected to compulsory examination pursuant to s 30 of the Independent Commissioner Against Corruption Act 1988 (NSW) by the second defendant concerning the circumstances of a donation made for the benefit of persons including a candidate in connection with the 2011 New South Wales election in breach of the Funding Expenditure and Disclosure Act 1981 (NSW) - Where the plaintiffs claim the provisions that they purportedly breached, Divs 2A and 4A of Pt 6, and s 96E in Div 4 of Pt 6 of the Act infringe the implied freedom of communication regarding political or governmental matters.
Constitutional Law – Operation and Effect of Commonwealth Constitution – Restrictions on Commonwealth and State Legislation – Rights and freedoms implied in Commonwealth Constitution – Freedom of Political Communication – Whether Divs 2A and 4A of Pt 6, and s 96E in Div 4 of Pt 6 of the Funding Expenditure and Disclosure Act 1981 (NSW) infringe the implied freedom of communication regarding political or governmental matters.
Documents
28/07/2014 Writ of summons
04/08/2014 Notice of constitutional matter (Plaintiffs)
04/08/2014 Submitting appearance (Second defendant)
17/09/2014 Hearing (Single Justice, Sydney)
13/10/2014 Hearing (Single Justice, Sydney)
17/11/2014 Hearing (Single Justice, Sydney)
19/01/2015 Hearing (Single Justice, Sydney)
28/01/2015 Special case stated
03/02/2015 Amended Notice of constitutional matter (Plaintiffs)
09/02/2015 Written submissions (Plaintiffs)
09/02/2015 Chronology
02/03/2015 Written submissions (First defendant)
10/03/2015 Written submissions (Attorney-General of the Commonwealth intervening)
10/03/2015 Written submissions (Attorney-General for the State of South Australia intervening)
10/03/2015 Written submissions (Attorney-General for the State of Western Australia intervening)
10/03/2015 Written submissions (Attorney-General of the State of Queensland intervening)
10/03/2015 Written submissions (Attorney-General for the State of Victoria intervening)
16/03/2015 Reply (Plaintiffs)
10/06/2015 Hearing (Full Court, Canberra) (Audio-visual recording)
11/06/2015 Hearing (Full Court, Canberra) (Audio-visual recording)
07/10/2015 Judgment (Judgment summary)