R v Gallagher; Ex parte

The applicants, R v Gallagher and Ex parte, sought a writ of prohibition from the High Court of Australia to prevent the respondent, the Commonwealth, from proceeding with a prosecution against them. The prosecution concerned alleged breaches of the *Broadcasting and Television Act 1942* (Cth).

The central legal issue before the High Court was whether the Commonwealth had the constitutional power to legislate with respect to the subject matter of the alleged offences, which related to the broadcasting of advertisements. Specifically, the Court had to determine if the impugned provisions of the *Broadcasting and Television Act* were supported by any head of power in the Australian Constitution.

The Court considered the scope of the Commonwealth's legislative powers, particularly in relation to the territories and the regulation of broadcasting. It was held that the power to legislate with respect to broadcasting, including the content of advertisements, was not conferred by any specific head of power in the Constitution. The Court found that the Commonwealth's legislative authority in this area was not established, and therefore the prosecution could not validly proceed.

The application for a writ of prohibition was accordingly granted.