Clubb v Edwards

The proceedings before the High Court of Australia concerned constitutional challenges to state legislation prohibiting protests within a specified distance of abortion clinics. Two protesters, convicted under these laws in Victoria and Tasmania, appealed their convictions to their respective Supreme Courts, arguing the legislation impermissibly burdened the implied freedom of political communication. The High Court was asked to determine the constitutional validity of these laws.

The primary legal issue before the High Court was whether the Victorian and Tasmanian legislation, which prohibited protests near abortion facilities, impermissibly infringed upon the implied freedom of political communication guaranteed by the Australian Constitution. This involved considering the test for such an infringement as articulated in *McCloy v State of New South Wales* and modified in *Brown v Tasmania*.

The Court, in this instance, was specifically addressing an application by the Access Zone Action Group (AAG) for leave to appear as an amicus curiae. The Court dismissed the AAG's application for several reasons. Firstly, the application was filed significantly out of time, exceeding the court-ordered deadline for intervener submissions. Secondly, the AAG sought to challenge affidavit evidence that had already been admitted and not cross-examined in the lower court, which the High Court deemed inappropriate. Thirdly, the AAG's proposed submissions were found not to offer material assistance to the Court, as they did not raise points beyond those already canvassed by the parties.

Consequently, the High Court ordered that the application of the Access Zone Action Group seeking leave to appear as amicus curiae be dismissed.