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Key decisions

  • Unions NSW v State of New South Wales [2019] HCA 1
  • Work Health Authority v Outback Ballooning Pty Ltd [2019] HCA 2
  • Minister for Immigration and Border Protection v SZMTA; CQZ15 v Minister for Immigration and Border Protection; BEG15 v Minister for Immigration and Border Protection [2019] HCA 3
  • Williams v Wreck Bay Aboriginal Community Council [2019] HCA 4
  • McKell v The Queen [2019] HCA 5

Constitutional law

Implied freedom of political communication

In Unions NSW v State of New South Wales [2019] HCA 1 (29 January 2019) the High Court found that the Electoral Funding Act 2018 (NSW) (‘EF Act’) impermissibly burdens the freedom of political communication implied into the Commonwealth Constitution. In Unions NSW v New South Wales (No 1) (2013) 252 CLR 530 and McCloy v New South Wales (2015) 257 CLR 178, the High Court considered the implied freedom and provisions of the Election Funding, Expenditure and Disclosures Act 1981 (NSW) (‘EFED Act’). The EF Act replaced the EFED Act, but generally retained the earlier scheme, which capped political donations and electoral expenditure. 

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