Wertheim v Haddad

[2025] FCA 720

Federal Court of Australia

Built by Barristers,
For Australian Law.

1. Constitutional Law
2. › implied freedom of political communication
3. › whether Pt IIA of the Racial Discrimination Act 1975 (Cth) is constitutionally invalid
4. › where constitutionality upheld in Faruqi v Hanson [2024] FCA 1264
5. › whether there should be a departure from that position in the circumstances of the case
6. › whether the decision in Babet v Commonwealth [2025] HCA 21 casts doubt on the proportionality testing adopted in Faruqi v Hanson
1. Constitutional Law
2. › free exercise of religion
3. › where s 116 prevents laws “for prohibiting the free exercise of any religion”
4. › where respondents claim Pt IIA of the Racial Discrimination Act 1975 (Cth) has such a purpose by restricting Islamic religious speech
5. › whether the prohibition of the free exercise of religion is a purpose of the Racial Discrimination Act 1975 (Cth)