Topic: In the recent High Court decision of McCloy v New South Wales [2015] HCA 34 (“McCloy”) the majority purported to clarify the second limb of the test for the implied freedom of political communication established in the case of Lange v Australian Broadcasting Corporation (1997) 189 CLR 520. What are the implications of the McCloy decision for the implied freedom of political communication? 1. A strict word limit of 1000 is applied (excluding references, bibliography and footnotes). 2. An examination of the other judgments will help you to gain an understanding of the potential implications of the McCloy decision for the implied freedom of political communication. Given the word length, the focus of your essay should be on analysis and not description. You should not waste words describing the facts of the case. 3. Please insert appropriate references, bibliography and footnotes. References and footnotes should comply with the Australian Guide to Legal Citation (3rd ed, 2010) available in the library and at https://mulr.law.unimelb.edu.au/go/AGLC3. 4. Paper should be written according to the marking criteria. a) Very thoroughly researched, effective use of materials; comprehensive identification and discussion of issues b) Thorough analysis, deals effectively with complexity of issues; persuasively argued throughout, contrary arguments anticipated, good critical evaluation of materials c) Clear and logical structure & organisation; precise and concise writing d) Minimal errors in expression, grammar, spelling or punctuation; full and accurate citation of authorities and sources; thoroughly edited. 5. Some of the useful cases include (not necessarily to be included): a) Nationwide News Pty Ltd v Wills (1992) 177 CLR 1 b) Australian Capital Television Pty Ltd v Commonwealth (No. 2)(1992) 177 CLR 106 c) Lange v ABC (1997) 189 CLR 520 d) Coleman v Power (2004) 220 CLR 1 (also an example of “reading down”) e) Wotton v Queensland (2012) 246 CLR 1 f) Monis v The Queen (2013) 295 ALR 259, [2013] HCA 4 g) Unions NSW v New South Wales [2013] HCA 58 17 h) Australian Communist Party v Commonwealth (Communist Party case) (1951) 83 CLR 1 6. Good use of cases, journals, articles and other materials.less
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