Draft:Hopper v Victoria

Hopper v Victoria
CourtHigh Court of Australia
Full case name Hopper & anor v State of Victoria
Decided15 April 2026
Citation[2026] HCA 11
Court membership
Judges sittingGageler CJ, Gordon, Edelman, Steward, Gleeson, Jagot, and Beech-Jones JJ
Case opinions
Part 12 of the Electoral Act 2002 (Vic) is invalid as it impermissibly burdens the implied freedom of political communication in the Australian Constitution.
Decision byGageler, Gordon, Jagot, Beech-Jones
ConcurrenceEdelman
ConcurrenceSteward
ConcurrenceGleeson
Laws applied
Constitution of Australia

The Electoral Legislation Amendment Act came into effect by the end of 2018.[1] The laws banned foreign political donations in Victoria, and capped domestic donations to $4,000 every four years.[2] Public disclosures would be mandated for all donations above $1,000, and public funding of elections would increase to cover the shortfall for political candidates.[2] However, the restriction on donations did not apply to nominated entities, which the Labor, Liberal, and National parties were allowed to register, and which could make payments to parties and candidates with no funding cap.[3]

In February 2025, a group of independent candidates lodged a High Court challenge against the law, arguing that it violated the Australian Constitution.[4] They argued that the nominated entity provisions infringed on the implied freedom of political communication in the Constitution, and was "invalid and severable".[4] The plaintiffs were Paul Hopper, who stood as an independent candidate at the 2022 state election and 2025 Werribee by-election, and Melissa Lowe, who stood in 2022 as an independent in the Hawthorn district.[4][5]

Decision

Reaction

See also

References

  1. ^ Electoral Legislation Amendment Act of 2018 (Vic)
  2. ^ a b Anderson, Stephanie (28 July 2018). "Victoria's got strict new laws on political donations but what does it mean?". ABC News. Archived from the original on 20 April 2026. Retrieved 20 April 2026.
  3. ^ Willingham, Richard (2 December 2025). "Victoria seeks to change 'unconstitutional' donation laws amid High Court challenge". Archived from the original on 20 April 2026. Retrieved 20 April 2026.
  4. ^ a b c "Victoria's political donation laws to be challenged in High Court by independent candidates". ABC News. 10 February 2025. Archived from the original on 20 April 2026. Retrieved 20 April 2026.
  5. ^ Byrne, Elizabeth (3 February 2026). "High Court to consider if Victoria's strict cap on individual political donations is discriminatory". ABC News. Archived from the original on 20 April 2026. Retrieved 20 April 2026.

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