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Key decisions

  • Kerrison v Melbourne City Council [2014] FCAFC 130
  • Jagroop v Minister for Immigration and Border Protection [2014] FCAFC 123
  • SZRTN v Minister for Immigration and Border Protection [2014] FCAFC 129
  • Commissioner of Taxation v Australian Building Systems Pty Ltd (in liq) [2014] FCAFC 133
  • Repatriation Commission v Richmond [2014] FCAFC 124; Comcare v Nicolas [2014] FCAFC 122

Constitutional law

Whether local government by-laws offend freedom of political communication – whether laws contrary to Victorian Charter of Human Rights and Responsibilities Act

In Kerrison v Melbourne City Council [2014] FCAFC 130 (3 October 2014) a Full Court concluded the local laws on which the respondent relied to serve notices to protesters in the “Occupy Melbourne” protest in 2011 were not invalid for impermissibly burdening the implied freedom of communication and association recognised by the Constitution.

The court also concluded that the primary judge did not err in dismissing the proceeding as a representative proceeding. The proceeding was before the Federal Court as one involving a question arising under the Constitution for s 39B of the Judiciary Act 1901 (Cth). Appeal dismissed.

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