McCLURE v The Mayor and Councillors of the City of Stirling [No 2]

[2008] WASC 286

Supreme Court of Western Australia

Built by Barristers,
For Australian Law.

1. Constitutional law - Implied freedom of communication on government and political matters - Whether local government laws requiring permit to erect building or display signs arguably infringe implied freedom - Whether local government laws reasonably appropriate and adapted to serve legitimate end in a manner compatible with maintenance of the system of government prescribed by the Australian Constitution - Turns on own facts
1. Equity - Injunctions - Interlocutory injunctions - General principles - Need to respect statute until it is declared invalid - Turns on own facts
1. Local government - Exercise by mayor of casting vote in favour of resolution - Whether mayor required to exercise casting vote in favour of status quo - Whether s 5.21(3) of the Local Government Act 1995 (WA) invalid - No serious question to be tried