Australia, Sept. 8 -- New South Wales Land and Environment Court issued text of the following judgement on Aug. 7:

1. THE COURT: The plaintiff, Mr Gareth Ward MP, is the Member for Kiama in the Legislative Assembly in the New South Wales Parliament. On 25 July 2025 he was convicted in the District Court of one count of sexual intercourse without consent and three counts of assault with act of indecency, following a trial by jury. Shortly thereafter he was remanded in custody pending sentence. The sentencing hearing has been listed for 19 September 2025.

2. On 30 July 2025 the Leader of the Government in the Legislative Assembly, Mr Ron Hoenig MP (the first defendant), wrote to the plaintiff notifying him that when Parliament resumed on Tuesday 5 August 2025 it would be asked to consider a motion to expel him from the House. On Monday 4 August 2025 the plaintiff brought proceedings in the Supreme Court seeking declaratory and injunctive relief directed to this foreshadowed motion. The second and third defendants are, respectively, the Speaker and the Clerk of the Legislative Assembly. Late on that day the plaintiff sought and was granted an ex parte interlocutory injunction by the Common Law Duty Judge, Sweeney J, restraining the defendants from taking any steps to expel or otherwise resolving to expel the plaintiff.

3. The following day, Tuesday 5 August 2025, Sweeney J made an order removing the proceedings into the Court of Appeal. At a directions hearing that same day, Ward P made orders listing the plaintiff's summons for final hearing today, along with the hearing of a motion filed by the defendants to discharge the interlocutory injunction.

4. The relief sought in the plaintiff's summons relevantly was (noting that the plaintiff applied to amend prayer 6, as addressed further below):

1. A declaration that the Defendants have no lawful power constituted as the Legislative Assembly of New South Wales to expel the Plaintiff from Parliament in circumstances where, the Plaintiff having been convicted of an offence, under section 13A of the Constitution Act 1902 (NSW) has not been sentenced and has appealed but his appeal under Criminal Appeal Act 1912 (NSW) section 12 is yet to be heard and resolved, or under other constitutional or valid statutory authority.

2. A declaration that any purported resolution by the Legislative Assembly to expel the Plaintiff is ultra vires and void.

3. A declaration that the Defendants in the premises set out in the letter of the First Defendant to the Plaintiff dated 30 July 2025 have no authority to expel the Plaintiff from the Legislative Assembly of New South Wales.

4. A declaration that the Plaintiff is entitled as a citizen of New South Wales and member of Parliament to natural justice with respect to the proposed resolution by his colleagues in the Legislative Assembly of New South Wales.

5. A writ of prohibition to prevent the Defendants from taking any further steps as threatened by letter of the First Defendant to the Plaintiff dated 30 July 2025.

6. An injunction restraining the Defendants, whether by themselves, their officers or agents, from taking any steps to implement or act upon any resolution or decision to expel the Plaintiff from the Assembly pending the determination of this Honourable Court of the proceedings herein.

*Rest of the document can be viewed at: (https://www.caselaw.nsw.gov.au/decision/19882fee1a3991adfd2ee6a5)

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