Attorney-general for the STATE of South Australia V

The following text is a press release by the Australian High Court about recent case.  

Read the article then complete the gaps by underlining the best word from the four options in the table. The first example number (0) is done for you.

ATTORNEY-GENERAL FOR THE STATE OF SOUTH AUSTRALIA v

CORPORATION OF THE CITY OF ADELAIDE & ORS [2013] HCA 3

 

Today a (0) majority of the High Court allowed an (1)_____ against a decision of the Full Court of the Supreme Court of South Australia, which had held that a (2)_____ made by the Corporation of the City of Adelaide ("the Council") (3)_____ the implied constitutional freedom of communication on government and political matters. Certain (4)____ of the by-law (5)____ persons from preaching or distributing printed matter on any road to any bystander or passer-by without (6)______ ("the impugned provisions"). The second and third (7)______, Caleb and Samuel Corneloup ("the Corneloups"), were members of an association, "Street Church". They wished to preach in the streets of the City of Adelaide. The Corneloups each commenced proceedings in the District Court of South Australia, seeking a (8)_______ that the impugned provisions were invalid. The District Court declared that parts of the impugned provisions (9)_______ the by-law making powers (10)_____ on the Council by the Local Government Act 1934 (SA) and the

Local Government Act 1999 (SA) ("the Local Government Acts").

 

The Full Court (11)_____ an appeal from the District Court's decision. Although the Full

Court held that the impugned provisions were not invalid for want of (12)____ with the Local Government Acts, the Full Court held that they infringed the implied constitutional freedom of communication on government and political matters and were therefore invalid. By (13)____ of special leave, the Attorney-General for South Australia (who was a (14)___ to the appeal in the Full Court) appealed to the High Court.

 

A majority of the High Court held that the Local Government Acts (15)____ the Council to make the impugned provisions. The impugned provisions were a (16)___ exercise of the Council's statutory power to make by-laws for the (17)___ rule and government of the area, and for the convenience, comfort and safety of its inhabitants. The majority also rejected the (18)____ that the impugned provisions were constitutionally invalid. Although the impugned provisions effectively (19)_____ political communication, they did not infringe the implied constitutional freedom. The impugned provisions served a legitimate end in a manner (29)____ with the maintenance of the constitutionally prescribed system of representative and responsible government.

 

Student Answer Sheet Task 1

Instructions: Underline the best choice for each question. Number 0 is an example.

 

Gap#	(A)	(B)	(C)	(D)
0	minority	majority	quorum	consensus
1	affidavit	case	brief	appeal
2	by-law	regulation	statute	directive
3	barred	limited	infringed	restricted
4	sections	provisions	clauses	powers
5	debarred	prevented	prohibited	proscribed
6	authority	clearance	restriction	permission
7	respondents	defendants	appellants	plaintiffs
8	declaration	decision	precedent	injunction
9	surpassed	overruled	repealed	exceeded
10	entrusted	conferred	granted	based
11	decided	granted	dismissed	redacted
12	agreement	congruence	concurrence	compliance
13	grant	permission	mercy	gift
14	claimant	party	lawyer	third party
15	empowered	determined	permitted	delegated
16	righteous	virtuous	proper	valid
17	good	right	proper	valid
18	idea	concept	contention	paradigm
19	burdened	laboured	restricted	confined
20	harmonious	compatible	congenial	concordant

 

Part 2 - Task Focus: Structure

 

The following text is a press release by the Australian High Court about recent case.  

Read the article then complete the gaps by filling in ONE word in each gap. The first example number (0) is done for you.

ATTORNEY-GENERAL FOR THE STATE OF SOUTH AUSTRALIA v

CORPORATION OF THE CITY OF ADELAIDE & ORS [2013] HCA 3

 

Today (0) a majority of the High Court allowed an appeal (1)_____ a decision of the Full Court of the Supreme Court of South Australia, (2)____ had held that a by-law made (3)___ the Corporation of the City of Adelaide ("the Council") infringed the implied constitutional freedom of communication (4)__ government and political matters. Certain provisions of the by-law prohibited persons (5)___ preaching or distributing printed matter on any road to any bystander or passer-by (6)_____ permission ("the impugned provisions"). The second and third respondents, Caleb and Samuel Corneloup ("the Corneloups"), were members of an association, "Street Church". They wished (7)__ preach in the streets of the City of Adelaide. The Corneloups each commenced proceedings (8)__ the District Court of South Australia, seeking a declaration (9)___ the impugned provisions were invalid. The District Court declared that parts of the impugned provisions exceeded the by-law making powers conferred (10)___ the Council by the Local Government Act 1934 (SA) and the Local Government Act 1999 (SA) ("the Local Government Acts").

 

The Full Court dismissed an appeal (11)___ the District Court's decision. Although the Full

Court held that the impugned provisions were not invalid (12)___ want of compliance with the Local Government Acts, the Full Court held that (13)____ infringed the implied constitutional freedom of communication on government and political matters and were (14)____ invalid. By grant (15)__ special leave, the Attorney-General for South Australia (who was a party to the appeal in the Full Court) appealed to the High Court.

 

(16)__ majority of the High Court held that the Local Government Acts empowered the Council to make the impugned provisions. The impugned provisions were a valid exercise of the Council's statutory power (17)___ make by-laws for the good rule and government of the area, and (18)___ the convenience, comfort and safety of its inhabitants. The majority also rejected the contention that the impugned provisions were constitutionally invalid. (19)____ the impugned provisions effectively burdened political communication, they did not infringe the implied constitutional freedom. The impugned provisions served a legitimate end in a manner compatible (20)___ the maintenance of the constitutionally prescribed system of representative and responsible government.

 

This statement is not intended to be a substitute for the reasons of the High Court or to be used in any later consideration of the Court’s reasons.

27 February 2013