Australian Capital Television Pty Limited & Ors v The Commonwealth of Australia; The State of New South Wales v The Commonwealth of Australia

In the first matter, Australian Capital Television Pty Limited and others sought an injunction against the Commonwealth of Australia, while in the second matter, the State of New South Wales also sought an injunction and directions against the Commonwealth. The proceedings were before Mason CJ in chambers of the High Court of Australia. The plaintiffs, who held broadcasting licences allowing them to charge for advertisements within their service areas, contended that the Political Broadcasts and Political Disclosures Act sought to remove this right in a particular respect.

The central legal issues before the court concerned the validity of the Political Broadcasts and Political Disclosures Act. Specifically, the plaintiffs sought to argue for the invalidity of the Act as a matter of statutory construction, and also its inapplicability to by-elections based on statutory interpretation. The defendants, including the Commonwealth and the Broadcasting Tribunal, were given notice of the plaintiffs' intention to move for interlocutory relief.

The plaintiffs' argument, as presented by Sir Maurice Byers QC, was that the Act in question interfered with their statutory right to broadcast and charge for advertisements. The court was asked to consider the Act's validity and its scope, particularly in relation to by-elections. The Broadcasting Tribunal indicated it would submit to any orders of the Court, save as to costs, and sought to be excused from further attendance. Both the Commonwealth and the Broadcasting Tribunal indicated they had no objection to the application for interlocutory relief being heard on short notice.