Farm Transparency International Ltd & Anor v State of New South Wales

In the High Court of Australia, Farm Transparency International Ltd and Christopher James Delforce (the plaintiffs) brought proceedings against the State of New South Wales (the defendant). The dispute concerned the scope of recordings made by the plaintiffs, specifically whether such recordings could extend to mobile devices used on farm premises, even if not physically installed within those premises, and whether footage taken outside the boundary of the relevant farm was included.

The legal issues before the Court involved the interpretation of section 8 of the relevant legislation, which pertains to filming after entry onto premises. The Court was required to determine the precise geographical and technological reach of the legislation as it applied to the plaintiffs' activities, particularly concerning the definition of "premises" and the nature of "devices" used for recording.

The Court granted leave for the parties to refer the questions of law identified in a special case to a Full Court for determination. The reasoning, as indicated by the dialogue, focused on clarifying the agreed factual basis of the dispute, particularly whether the recordings were limited to within the boundaries of the farm land and could include mobile devices used on that land. The Court noted the potential interest of other States in the matter, suggesting the possibility of interventions. The final orders were that the questions of law be referred to the Full Court, with costs reserved.