Full Court Minute Books

Case S10/2020

LibertyWorks Inc v. Commonwealth of Australia

Case No.

S10/2020

Case Information

Catchwords

Constitutional law – Validity of legislation – Foreign Influence Transparency Scheme Act 2018 (Cth) (“FITS Act”) – Where plaintiff is a not-for-profit think-tank incorporated in Queensland – Where in August 2019, plaintiff organised and held Conservative Political Action Conference in Sydney – Where US corporation, American Conservative Union (“ACU”), runs conference with same name in US, where ACU board members spoke at Sydney conference, and where ACU was advertised as “Think Tank Host Partners” for Sydney conference – Where plaintiff not registered under FITS Act – Where in October 2019, notice under s 45 of FITS Act issued to President of plaintiff, requiring plaintiff to provide certain information within specified period – Where s 59 of FITS Act provides for offence of failing to comply with s 45 notice within time – Where in November 2019, President of plaintiff replied to notice, refusing to provide requested information and disputing validity of notice – Whether terms, operation, or effect of FITS Act impermissibly burden implied freedom of political communication – Whether FITS Act contravenes s 92 of Constitution by impermissibly burdening freedom of intercourse – Whether FITS Act supported by head of power in s 51 Constitution.

Documents*

07/02/2020 Writ of Summons

20/08/2020 Hearing (Single Justice, Sydney)

24/08/2020 Special Case

25/08/2020 Order referring special case to the Full Court

18/09/2020 Written submissions (Plaintiff)

21/10/2020 Written submissions (Defendants)

04/11/2020 Written submissions (Attorney-General of South Australia, intervening)

04/11/2020 Written submissions (Attorney-General of New South Wales, intervening)

11/11/2020 Reply

02/03/2021 Hearing (Full Court, Canberra) (Audio-visual recording)

01/03/2021 Outline of oral argument (Attorney-General of New South Wales, intervening)

02/03/2021 Outline of oral argument (Plaintiff)

02/03/2021 Outline of oral argument (Defendants)

16/06/2021 Judgment (Judgment summary)