Hogan v Hinch

Constitutional law (Cth) – Judicial power of Commonwealth - Constitution, Ch III - Institutional integrity of State courts vested with federal jurisdiction - Section 42(1) of Serious Sex Offenders Monitoring Act 2005 (Vic) ("Act") allowed court to make "suppression order" preventing publication of evidence given, contents of documents adduced or information that might enable identification of offender in proceedings under Act, if court satisfied it is "in the public interest" to make order - Section 42(3) made publishing material in contravention of suppression order an offence - Defendant charged with publishing material identifying offenders in proceedings subject to suppression orders - Whether power conferred by s 42(1) impermissibly diminishes institutional integrity of State courts - Whether and to what extent there exists implication derived from Ch III that State and federal courts must be open to public and carry out activities in public.

Constitutional law (Cth) – Implied freedom of political communication - Whether s 42 of Act impermissibly burdens implied freedom of political communication - Whether communication by defendant was communication about government or political matters - Whether implied freedom limited to communications about government or political matters at Commonwealth level - Whether s 42 reasonably appropriate and adapted to serve legitimate end in manner compatible with maintenance of representative and responsible government.

Statutory interpretation – Principle of legality - Charter of Human Rights and Responsibilities Act 2006 (Vic) ("Charter") - Interpretation of s 42 of Act in manner compatible with civil and political rights in Charter.

Words and phrases – "open justice", "political communication".

Constitution – Ch III.

Serious Sex Offenders Monitoring Act 2005 (Vic) – s 42.