Laws v Australian Broadcasting Tribunal

Richard John Sinclair Laws appealed to the High Court of Australia against a decision of the Australian Broadcasting Tribunal. The dispute concerned the Tribunal's finding that Laws had contravened a particular radio programme standard in eight broadcasts made in March 1987. The Tribunal had reached this decision without hearing from Laws or giving him an opportunity to be heard.

The central legal issue before the High Court was whether the Tribunal's finding was valid, given that it had failed to afford Laws procedural fairness by not providing him with an opportunity to be heard before making its determination. The Tribunal sought to introduce fresh evidence regarding recent appointments to its membership, arguing that this was relevant to the appellant's claim for a perpetual injunction, suggesting that a sufficient number of current members might not be "infected" by any prior decision.

The High Court, through Mason CJ, indicated that it would be preferable to hear the appellant's argument before considering the respondent's submission regarding fresh evidence. Brennan J questioned the necessity of fresh evidence, suggesting that any injunction could be framed to account for the current composition of the Tribunal. The appellant's argument, as presented, focused on the Tribunal's failure to provide a hearing before its finding of contravention, which was a common ground between the parties.