Recent Cases

Farm Transparency International Ltd v New South Wales [2022] HCA 23 (10 August 2022) (Kiefel CJ, Gageler, Keane, Gordon, Edelman, Steward and Gleeson JJ)


Constitutional law (Cth) – Implied freedom of communication about governmental or political matters – Where s 8 of Surveillance Devices Act 2007 (NSW) (“SD Act”) relevantly prohibited knowing installation, use or maintenance of optical surveillance device on or within premises to record visually or observe carrying on of activity if installation, use or maintenance of device involved trespass – Where ss 11 and 12 of SD Act prohibited, respectively, publication or communication of record or report, and possession of record, obtained in contravention of, relevantly, s 8 of SD Act – Whether ss 11 and 12 burdened implied freedom – Whether provisions for legitimate purpose – Whether provisions suitable, necessary and adequate in balance.

Words and phrases – “adequate in its balance”, “breach of confidence”, “burden”, “complicit in trespass”, “implied freedom of political communication”, “incremental burden”, “lawful activity”, “legitimate purpose”, “mens rea”, “optical surveillance device”, “partially disapplied”, “privacy”, “public interest”, “reasonably necessary”, “structured proportionality”, “suitable”, “surveillance devices”, “trespass”.