Ravbar & Anor v. Commonwealth of Australia & Ors
Case No.
Case no S113/2024
Case Information
Catchwords
Constitutional law – invalidity – implied freedom of political communication – acquisition of property on just terms – where first and second plaintiffs office bearers of Construction and General Division (“C&G Division) of the Construction, Forestry, Mining and Energy Union – where s 333A(1) of Fair Work (Registered Organisations) Act 2009 (Cth) (“FWRO Act”) provides C&G Division and each of its branches placed into administration from earliest time that both a legislative instrument made under s 333B(1) and appointment of administrator under s 323C in force – where s 323B(1) empowers Minister to determine scheme for administration of C&G Division and branches if satisfied in public interest – whether Fair Work (Registered Organisations) Amendment (Administration) Act 2024 (Cth) (“Administration Act”) and provisions it inserted into Fair Work (Registered Organisations) Act 2009 and Fair Work Act 2009 (Cth) sufficiently connected to head of power in s 51 Constitution – whether impugned provisions infringe implied freedom of political communication – whether Fair Work (Registered Organisations) (CFMEU Construction and General Division Administration) Determination 2024 invalid as unsupported by s 323B FWRO Act as partially disapplied or otherwise read down as to not infringe implied freedom of political communication – whether s 323B FWRO Act and Administration Act purport to confer judicial power of Commonwealth on Minister and thereby inconsistent with Ch III of Constitution – whether ss 323K(1) and 323M FWRO Act effect acquisition of property otherwise than on just terms contrary to s 51(xxxi) of Constitution.
Documents*
03/09/2024 Writ of summons
10/09/2024 Hearing (Single Justice, Melbourne by remote connection)
18/10/2024 Special Case
21/10/2024 Written submissions (Plaintiffs)
21/10/2024 Chronology (Plaintiffs)
25/10/2024 Written submissions (Michael Hiscox, seeking leave to intervene)
18/11/2024 Written submissions (First and Second Defendants)
25/11/2024 Written submissions (Attorney-General for South Australia, intervening)
25/11/2024 Written submissions (Attorney-General of Queensland, intervening)
26/11/2024 Written submissions (Attorney-General forTasmania, intervening)
02/12/2024 Reply
10/12/2024 Hearing (Full Court, Canberra) (Audio-visual recording)
10/12/2024 Outline of oral argument (Plaintiffs)
10/12/2024 Outline of oral argument (First and Second Defendants)
11/12/2024 Outline of oral argument (Attorney-General for South Australia, intervening)
11/12/2024 Outline of oral argument (Attorney-General of Queensland, intervening)
11/12/2024 Outline of oral argument (Attorney-General for Tasmania, intervening)
11/12/2024 Hearing (Full Court, Canberra) (Audio-visual recording)