Ward v Hoenig

[2025] NSWCA 180

NSW Court of Appeal

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Interrogate

Catchwords

1. Parliament
2. › Powers and privileges of Legislative Assembly
3. › Power to expel a member
4. › Common law power of expulsion for conduct unworthy of a member
5. › Whether power precluded by automatic disqualification provisions
6. › Whether expulsion punitive in character
7. › Constitution Act 1902 (NSW), s 13A
1. Parliament
2. › Powers and privileges of Legislative Assembly
3. › Power to expel a member
4. › Procedural fairness
5. › Whether duty to afford procedural fairness
6. › Whether written opportunity to respond sufficient
7. › Whether oral hearing required
1. Constitutional Law (Cth)
2. › Kable principle
3. › Whether expulsion of convicted member from Legislative Assembly usurps judicial function
4. › Whether punitive measure by legislature contrary to Ch III of the Constitution
1. Injunctions
2. › Ex parte applications
3. › Obligation to notify opposing party
4. › Whether urgency excuses failure to give meaningful notice of approach to Court
5. › Duty to provide notification of time, place and identity of judge

Quick Take

Section 13A(3) of the Constitution Act 1902 (NSW) expressly preserves the Legislative Assembly's common law power to expel a member, and the automatic disqualification provisions in s 13A(1)-(2) do not impliedly limit that power even where a member has lodged an appeal against conviction; urgency does not excuse failure to give meaningful notice of an ex parte application where notification would not defeat the purpose of the relief sought.