Ruddick v Commonwealth of Australia

[2022] HCATrans 23

[2022] HCATrans 023

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S151 of 2021

B e t w e e n -

JOHN RUDDICK

Plaintiff

and

COMMONWEALTH OF AUSTRALIA

Defendant

KIEFEL CJ
GAGELER J
KEANE J
GORDON J
EDELMAN J
STEWARD J
GLEESON J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON WEDNESDAY, 9 MARCH 2022, AT 10.04 AM

Copyright in the High Court of Australia

KIEFEL CJ:   This special case was heard in Canberra by video connection to Brisbane, Sydney and Melbourne on 15 February 2022 by a court constituted by Justices Gageler, Keane, Gordon, Edelman, Steward, Gleeson and me.  By majority the Court orders that the questions of law stated for the opinion of the Full Court in the special case filed on 3 December 2021 be answered as follows:

1. Are any of items 7, 9, 11 and 14 of Sch 1 to the Electoral Legislation Amendment (Party Registration Integrity) Act 2021 (Cth) invalid, in whole or in part, on the ground that they infringe the implied freedom of political communication?

   Answer:

   In relation to items 11 and 14 of Sch 1 to the Electoral Legislation Amendment (Party Registration Integrity) Act 2021 (Cth), the answer is “No”. Otherwise unnecessary to answer.

2. Are any of items 7, 9, 11 and 14 of Sch 1 to the Electoral Legislation Amendment (Party Registration Integrity) Act 2021 (Cth) invalid, in whole or in part, on the ground that they preclude the direct choice by the people of Senators and Members of the House of Representatives, contrary to ss 7 and 24 of the Constitution?

   Answer:

   In relation to items 11 and 14 of Sch 1 to the Electoral Legislation Amendment (Party Registration Integrity) Act 2021 (Cth), the answer is “No”. Otherwise unnecessary to answer.

3. In light of the answers to Questions 1 and 2, what relief, if any, should issue?

   Answer:

   None.

4. Who should pay the costs of and incidental to this special case?

   Answer:

   The plaintiff.

I publish that order.

Reasons for judgment will be published at a later date.

AT 10.06 AM THE MATTER WAS ADJOURNED