By the time Theophanous
and Stephens arose for decision, courts in Australia and other common law jurisdictions applied the mantra that the common law defence of qualified privilege required a reciprocity between the duty of the publisher to communicate and the legitimate interest of the recipient to receive such information.
238) In Theophanous
v The Herald & Weekly Times Ltd (1994) 182 CLR 104, 143, Brennan J stated: 'In the interpretation of the Constitution, judicial policy has no role to play.
The 71-year-old driver of the other vehicle, Maria Theophanous
, was seriously injured but her condition was not life threatening, doctors said.
7) See ACTV (1992) 177 CLR 106, 186 (Dawson J); Theophanous
v Herald & Weekly Times Ltd (1994) 182 CLR 104, 193 (Dawson J).
Labels like "tax' are not conclusive and there is room for reasonable judicial disagreement over the appropriate characterisation of an exaction at the margin--see Theophanous
v Commonwealth (2006) 225 CLR 101, 126 (Gummow, Kirby, Hayne, Heydon and Crennan JJ)--but logically the legal category 'tax' has no content unless it can ultimately be divorced from the coverage of the just terms guarantee--see ibid 170-1 (Mason CJ), 187-8 (Deane and Gaudron JJ), 197-8 (Dawson and Toobey JJ).
It was also attended by Finance Minister Harris Georgiades and other government and CCB officials, including state aid commissioner Theophanis Theophanous
who disputed whether the government had a right to donate CCB stock without consulting his agency.
30) In that case, building on reasoning expressed in Theophanous
v Herald and Weekly Times Ltd and McGinty v Western Australia, (31) the Court unanimously rejected the proposition that the implied freedom is properly understood to rest upon a 'free-standing' conception of representative democracy that is not specifically mandated or prescribed by the 'text and structure' of the Constitution.
An example provided by Dr Andrew Theophanous
, the Member for Calwell, illustrates the focus of the debate, viz:
It was also attended by Georgiades and other government and CCB officials, including state aid commissioner Theophanis Theophanous
who disputed whether the government had a right to donate CCB stock without consulting his agency and auditor-general Odysseas Michaelides who questioned the provisions of the Altamira deal.
51) For example, because where the effect of a provision is to violate the implied freedom of public and political communication, it is in violation of the Constitution: Nationwide News Pty Ltd v Wills (1992) 177 CLR 1; Australian Capital Television Pty Ltd v Commonwealth (1992) 177 CLR 106; Theophanous
v Herald & Weekly Times Ltd (1994) 182 CLR 104; Stephens v West Australian Newspapers Ltd (1994) 182 CLR 211.
v Herald & Weekly Times Ltd, Deane J stated that the Constitution's legitimacy now 'lies exclusively in the original adoption (by referenda) and subsequent maintenance (by acquiescence) of its provisions by the people.
Equal rights activist, South African Cypriot, Zac Theophanous
, 38, told the Cyprus Mail that he undertook the initiative as he felt it is particularly important for Paphos to show it is forward thinking this year, as it holds the title of European capital of culture 2017.