'Reds under the bed'—75 years since the Communist Party case

The Communist Party case is one of the High Court’s most important decisions. In a high-profile legal battle, the argument before the Court pitted a future Chief Justice of Australia, Garfield Barwick KC, against the then Leader of the Opposition, Bert Evatt KC, to determine the constitutionality of the Communist Party Dissolution Act 1950.It reaffirmed that the Commonwealth cannot simply assert a threat to national security and legislate beyond constitutional limits. It placed constitutional principle above political fear and remains a cornerstone of Australian rule of law doctrine. The case shaped later jurisprudence on the defence power, emergency powers, and the separation of judicial and executive authority.About the speakerThe Hon Justice Glenn Martin AM was recently appointed as a Reserve Judge of the Supreme Court of Queensland. His honour was formerly a judge of the Supreme Court of Queensland (2007–2025) and Senior Judge Administrator (2022–25). He previously led both the Australian Bar Association and the Bar Association of Queensland. He was appointed a Member of the Order of Australia in 2013 for significant service to the law.Chair: The Hon Justice Thomas BradleySupport the show