The proceeding concerned a special case stated to the High Court regarding the restrictions put in place under the Electoral Funding Act 2018 (NSW) which limited the amount or value of political donations to, and the amount that could be spent by, individual candidates, political parties as well as “third party campaigners” such as trade unions. The Plaintiffs, a collection of trade unions, sought to challenge the restrictions on the basis that it infringed their implied freedom of political communication. The State of New South Wales contended that the restriction was necessary to prevent drowning out voices in the political process by the influence of money. By majority, the High Court held that while the purpose enunciated by the State was legitimate, the reduction in the cap for third party campaigners was not reasonably necessary to achieve that purpose, and thus struck down the relevant provisions.
