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Australia Leading Case convention rightsrule of law

Coleman v Power

(2004) 220 CLR 1
JurisdictionAustralia
CourtHigh Court of Australia
Year2004
StatusBinding authority

Summary

HCA held that a charge of using insulting words infringed the implied constitutional freedom of political communication as it was not proportionate to a legitimate end.

Key Principle

implied freedom of political communication; insulting words charge invalid; proportionality test

Area of Law

constitutional

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NZYQ v Minister for Immigration, Citizenship and Multicultural Affairs (2023) 97 ALJR 1005

Indefinite administrative detention of a non-citizen with no real prospect of removal is unlawful as punitive and contrary to Ch III of the Australian Constitution, overruling Al-Kateb v Godwin.

Farm Transparency International v NSW (2022) 276 CLR 81

HCA upheld NSW ag-gag laws as valid notwithstanding a burden on the implied freedom of political communication, applying the structured proportionality test.

Palmer v Western Australia (2021) 272 CLR 505

HCA upheld WA COVID-19 border closure legislation as valid under s.92, finding restrictions on interstate movement were reasonably necessary and proportionate to protect public health.

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