MA v State of New South Wales; JA v State of New South Wales

The proceedings involved two applicants, MA and JA, who brought claims against the State of New South Wales. They alleged trespass by police officers while conducting bail compliance checks on their properties. The applicants sought a declaration that the police had no lawful authority to enter their properties and an injunction preventing further such entries. The case was heard in the Supreme Court of New South Wales.

The central legal issue the court had to resolve was whether the police had the authority, under either the common law or the Bail Act 2013 (NSW), to enter the applicants' properties for bail compliance checks in the absence of an explicit bail condition permitting such entry. This issue was pivotal as it would determine the legality of the police actions and potentially affect a significant number of alleged trespass incidents. The court had to consider whether ordering a separate determination of this issue would lead to substantial savings in time and cost, given that a full trial would take several years to prepare for and likely exceed three months to conduct.

The court found that a separate determination of the legal issue was appropriate, as resolving this question could potentially resolve approximately 75% of the alleged attendances, depending on its outcome. Additionally, an order for a separate determination would allow for earlier judicial consideration of this significant question of law. The court concluded that there would be a substantial saving in time and cost by addressing this issue separately, as it would expedite the resolution of a key aspect of the case. The court ordered a separate determination of the question regarding the police's authority to enter properties for bail compliance checks.

The court ordered that the question of whether police can rely on an implied licence under the common law or the Bail Act 2013 (NSW) to enter land for the purpose of bail compliance checks in the absence of a bail condition permitting them to do so be determined separately from the other issues in the case. This decision was aimed at streamlining the proceedings and ensuring a more efficient resolution of the matter.