High Court of Australia

McCloy v New South Wales [2015] HCA 34

7 Oct 2015

Case Number: S211/2014

Before

French CJ, Kiefel, Bell, Gageler, Keane, Nettle, Gordon JJ

Catchwords

Constitutional law – Implied freedom of communication on governmental and political matters – Provisions of Election Funding, Expenditure and Disclosures Act 1981 (NSW) impose cap on political donations, prohibit property developers from making such donations, and restrict indirect campaign contributions – Whether provisions impermissibly burden implied freedom of political communication.

Words and phrases – "appropriate and adapted", "deference", "implied freedom of communication on governmental and political matters", "margin of appreciation", "proportionality".

Constitution – ss 7, 24, 62, 64, 128.

Election Funding – Expenditure and Disclosures Act 1981 (NSW), Pt 6, Divs 2A, 4A, s 96E.
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