Ravbar v Commonwealth of Australia

Constitutional law (Cth) – Legislative power – Implied freedom of political communication – Judicial power of Commonwealth – Acquisition of property on just terms – Where Construction and General Division ("C&G Division") of Construction, Forestry and Maritime Employees Union ("CFMEU") is organisation of employees registered under Fair Work (Registered Organisations) Act 2009 (Cth) ("FWRO Act") – Where Fair Work (Registered Organisations) Amendment (Administration) Act 2024 (Cth) inserted Pt 2A of Ch 11 into FWRO Act and s 177A into Fair Work Act 2009 (Cth) – Where C&G Division of CFMEU and each of its branches placed under administration in accordance with Pt 2A of Ch 11 of FWRO Act – Where Attorney-General of Commonwealth determined Fair Work (Registered Organisations) (CFMEU Construction and General Division Administration) Determination 2024 ("Scheme") – Where Administrator of Scheme appointed – Where during ongoing administration of C&G Division of CFMEU and its branches under Pt 2A of Ch 11 of FWRO Act, Administrator has and will continue to have powers of control, management and disposition of property of CFMEU previously used solely or predominantly for purposes of C&G Division or any of its branches – Where plaintiffs had been office holders in C&G Division of CFMEU until removed from offices as a result of Scheme – Whether impugned legislative provisions unsupported by head of Commonwealth legislative power – Whether impugned legislative provisions and/or Scheme infringed implied freedom of political communication – Whether impugned legislative provisions infringed Ch III of Constitution – Whether impugned legislative provisions effected "acquisition of property" within meaning of s 51(xxxi) of Constitution otherwise than on just terms.

Words and phrases – "acquisition of property", "administration", "best interests", "bill of pains and penalties", "collective will", "compensation", "constitutional corporations", "constitutionally prescribed system of representative government", "control", "detriments", "dysfunction", "effective burden", "efficient and democratic conduct", "extrinsic material", "foreseeable effects", "forfeiture", "head of power", "illegitimate purpose", "implied freedom of political communication", "intention", "invalidity", "judicial power", "legislative intent", "legislative purpose", "level of generality", "motive", "party-political donations", "prima facie punitive", "private correspondence", "property", "protective purpose", "public interest", "punishment", "reasonably appropriate and adapted", "reasonably capable of being seen as necessary", "shipwrecks clause", "single question of characterisation", "structured proportionality", "trade unions".

Constitution – ss 7, 24, 51(xx), 51(xxxi), Ch III.

Acts Interpretation Act 1901 (Cth) – s 15A.

Fair Work Act 2009 (Cth) – s 177A.

Fair Work (Registered Organisations) Act 2009 (Cth) – Ch 11, Pt 2A.

Fair Work (Registered Organisations) (CFMEU Construction and General Division Administration) Determination 2024 (Cth).