Full Court Minute Books

Case S83/2021

Farm Transparency International Ltd & Anor v. State of New South Wales

Case No.


Case Information


Constitutional law – Implied freedom of political communication – Where s 7 of Surveillance Devices Act 2007 (NSW) prohibited installation, use and maintenance of listening devices to record private conversations – Where s 8 prohibited installation, use and maintenance of optical surveillance devices on premises without owner or occupier’s consent – Where s 11 created offence to communicate or publish material recorded in contravention of ss 7 or 8 – Where s 12 created offence to possess material knowing it had been recorded in contravention of ss 7 or 8 – Where plaintiffs published photographs and recordings of animal agricultural practices in New South Wales in contravention of ss 11 and 12 and intends to continue to engage in such activity – Whether ss 11 and 12 impermissibly burden implied freedom of communication – If so, whether ss 11 and 12 severable in respect of operation on political communication.


10/06/2021 Writ of summons

27/09/2021 Hearing (Single Justice, Brisbane and video connection)

27/09/2021 Special case stated

28/10/2021 Written submissions (Plaintiffs)

24/11/2021 Written submissions (Defendant)

07/12/2021 Written submissions (Attorney-General for the State of Queensland intervening)

20/12/2021 Reply

*The due dates shown for documents on this page are indicative only.