A cap on unions and other third parties to a $20,000 spending limit in a NSW by-election burdens freedom of political communication, the High Court has ruled.
Unions NSW had argued the cap was so low that it effectively prevented third parties from being involved by-elections. Spending by by-election candidates is capped at $245,600.
The High Court ruled the $20,000 cap was invalid, after lawyers for NSW conceded it "impermissibly burdens the implied freedom of communication".
