Australian Constitution

2015

McCloy v New South Wales

High Court of Australia(2015) 257 CLR 178

Key Principle

Introduced structured proportionality testing (suitability, necessity, adequacy in balance) into the implied freedom of political communication

The Court upheld NSW caps on political donations and bans on donations by property developers. In doing so, the majority introduced a structured proportionality test replacing the reasonableness standard from Lange v ABC. The new test requires that a law burdening political communication be suitable, necessary, and adequate in its balance of the competing interests. This fundamentally changed the analytical framework for all implied freedom cases.

Read full judgment on AustLII →

Constitutional Sections