Unions NSW & Ors v. State of New South Wales

Catchwords

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.