Ruddick v. Commonwealth of Australia
Case No.
S151/2021
Case Information
Catchwords
Constitutional law – Implied freedom of political communication – Where ss 7 and 24 of Constitution contain words "directly chosen by the people" – Where plaintiff was registered member of registered political party – Where sections were inserted into or amended Part XI the Commonwealth Electoral Act 1918 (Cth) by ss 7, 9, 11 and 14 of Electoral Legislation Amendment (Party Registration Integrity) Act 2021 (Cth) ("provisions") – Where Part XI of Commonwealth Electoral Act provided for registration of political parties – Where provisions required new political party to accompany application for registration with written consent of first-registered political party where names or logos of new and first-registered parties had word in common – Where provisions enabled first-registered party to object to continued use by subsequent party of name or logo – Whether provisions are contrary to ss 7 and 24 of Constitution – Whether provisions are contrary to implied freedom of political communication.
Documents*
24/09/2021 Writ of summons
27/10/2021 Hearing (Single Justice, Canberra by video-connection)
27/10/2021 Amended writ of summons
29/11/2021 Hearing (Single Justice, Canberra by video-connection)
01/12/2021 Consent referring special case to Full Court
03/12/2021 Special case
04/01/2022 Written submissions (Plaintiff)
04/01/2022 Chronology (Plaintiff)
24/01/2022 Written submissions (Defendant)
28/01/2022 Written submissions (Attorney-General for the State of Western Australia, intervening)
31/01/2022 Written submissions (Attorney-General for New South Wales, intervening)
04/02/2022 Reply
15/02/2022 Hearing (Full Court, Canberra)
14/02/2022 Outline of oral argument (Plaintiffs)
15/02/2022 Outline of oral argument (Defendant)
14/02/2022 Outline of oral argument (Attorney-General for New South Wales, intervening)
15/02/2022 Outline of oral argument (Attorney-General for the State of Western Australia intervening)
09/03/2022 Pronouncement of orders (Full Court, Canberra)
25/03/2022 Judgment (Judgment summary)