Full Court Minute Books

Case S98/2022

Unions NSW & Ors v. State of New South Wales

Case No.

Case no S98/2022

Case Information


Constitutional law – Implied freedom of communication on governmental and political matters – Elections – Electoral funding –  Where s 29(11) of Electoral Funding Act 2018 (NSW) ("EF Act") provides cap of $20,000 on electoral expenditure by third-party campaigner for State by-election – Where, pursuant to s 33(1) of EF Act, unlawful for third-party campaigner to incur electoral expenditure for State election campaign during capped State expenditure period for election if exceeds cap on electoral expenditure – Where, pursuant to s 35(1) of EF Act, unlawful for third-party to act in concert with another person or persons to incur electoral expenditure in relation to election campaign during capped expenditure period for election that exceeds cap for third-party campaigner for election – Where plaintiffs assert intention to register as "third-party campaigner", to incur "electoral expenditure", and to coordinate electoral campaigns with other entities – Where plaintiffs assert to be detrimentally affected by EF Act insofar as EF Act regulates those activities – Whether s 29(11) read with s 33(1) and/or s 35 invalid because impermissibly burdens implied freedom of political communication.


29/06/2022 Writ of summons

29/06/2022 Notice of Constitutional Matter (Plaintiffs)

26/08/2022 Hearing (Single Justice, Canberra by video connection)

28/09/2022 Hearing (Single Justice, Canberra by video connection)

28/09/2022 Order referring matter to the Full Court

07/10/2022 Written submissions (Plaintiffs)

07/10/2022 Chronology (Plaintiffs)

26/10/2022 Written submissions (Defendant)

02/11/2022 Written submissions (Attorney-General of the Commonwealth Intervening)

04/11/2022 Order programming amended pleadings and supplementary submissions

04/11/2022 Notice of Constitutional Matter (Plaintiffs)

08/11/2022 Reply

10/11/2022 Supplementary submissions (Defendant)

11/11/2022 Supplementary submissions (Attorney-General of the Commonwealth intervening)

16/11/2022 Hearing (Full Court, Canberra) (Audio-visual recording)

16/11/2022 Outline of oral argument (Plaintiffs)

16/11/2022 Outline of oral argument (Defendant)

16/11/2022 Outline of oral argument (Attorney-General of the Commonwealth intervening)

17/11/2022 Hearing (Full Court, Canberra) (Audio-visual recording)

15/02/2023 Judgment (Judgment summary)