Lower Court Judgment
6/12/2011 Supreme Court of New South Wales (Court of Criminal Appeal) (Bathurst CJ, Allsop P, McClellan 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 – Applicants charged under s 471.12 of the Criminal Code 1995 (Cth) ("the Code") which creates an offence of using a postal or similar service in a way that reasonable persons would consider menacing, harassing or offensive – Whether s 471.12 of the Code invalid because it infringes the implied freedom of political communication about government or political matters.
22/06/2012 Hearing (SLA, Sydney)
05/07/2012 Notice of appeal
05/07/2012 Notice of constitutional matter (Appellant)
10/07/2012 Notice of contention (Respondent)
10/07/2012 Notice of constitutional matter (Respondent)
14/08/2012 Written submissions (Appellant)
14/08/2012 Chronology (Appellant)
04/09/2012 Written submissions (Attorney-General of the Commonwealth intevening)
04/09/2012 Written submissions (First Respondent)
04/09/2012 Written submissions (Second Respondent)
11/09/2012 Written submissions (Attorney-General for the State of South Australia)
11/09/2012 Written submissions (Attorney-General for the State of Victoria)
11/09/2012 Written submissions (Attorney-General for the State of Western Australia)
18/09/2012 Reply
03/10/2012 Hearing (Full Court, Canberra)
04/10/2012 Hearing (Full Court, Canberra)
27/02/2013 Judgment (Judgment summary)