Kuczborski v Queensland [2014] HCA 46

ON 14 NOVEMBER 2014, the High Court of Australia delivered Kuczborski v Queensland [2014] HCA 46 (14 November 2014).

http://www.austlii.edu.au/au/cases/cth/HCA/2014/46.html

A Hells Angels member brought proceedings challenging the constitutional validity of Queensland legislation enacted to disrupt the operations of motorcycle clubs and associations.

The plaintiff sought declarations that the legislation is invalid as it infringes the the principle of Kable v Director of Public Prosecutions (NSW) [1996] HCA 24 by conferring functions on the Queensland courts that are incompatible with their institutional integrity and therefore contrary to Chapter III of the Constitution.

The High Court held unanimously that the plaintiff did not have the standing to seek the declarations as he had not been charged with or committed any offence under the legislation and therefore was not restricted in his freedom.

The court also held that the laws do not impose an extraordinary imposition on the Queensland judiciary.

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