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Wednesday, 17 April 2013

Occupy Sydney Constitutional Challenge Falls Short

We didn't succeed in our Federal Court case.
Also the Court has allowed the City of Sydney Council to make an order for costs against our applicant. 

Eamonn or I will let people know what the Council ask for (in the next few days/weeks).

Eamonn will also speak with the lawyers regarding the potential for an appeal to the High Court. HUGE UPS to Eamonn of course through all this!!!
***** People in the Group hearing with ongoing matters in the Local Court:
- the matters had been consistently adjourned pending this decision. The hearing dates for the group trial will be set on 6th June 2013
- we should all definitely chat before then regarding any questions, any possibility of a High Court appeal etc

More on the decision
- I will scan and email the 27-page decision/send around the link as soon as I can 
- a brief summary of the decision is as follows:

Essentially there are two parts/limbs to the legal test for determining whether the implied freedom of political communication is impermissibly burdened:
1. did the law effectively burden communication about govt/plitical matters; and
2. the 'proportionality' test - is the law reasonably appropriate and adapted to serve a legitimate end of representative and responsible govt.

The court found that we had proved the first limb.
The court denied that we had proved the second. The court found that the Council's prohibitions on camping or staying overnight served a legitimate end being "maintaining public health, safety and amenity in a high use public area and preserving the ability of all members of the public to use the area"
The court found that the Council's prohibitions were reasonably appropriate and adapted to serve the above end.
(We had anticipated that this would be the reason in any negative outcome for us.)
All in all, a disappointing outcome of course. Onwards. 

Big respect y'all, 

1 comment:

  1. Hi there, keep us up to date on this. As I was reading, I was already thinking of people to talk and send this to for legal advice.

    Big ups, big love and peace from Sydney