The High Court has rejected a bid by the Victorian government to delay a constitutional challenge to the state’s political donation laws, clearing the way for the case to be heard this week ahead of the 2026 state election.
The challenge has been brought by independent candidates Paul Hopper and Melissa Lowe, who argue the fundraising system gives major political parties an unfair financial advantage.
The case targets laws introduced by Labor in 2018 that cap donations to independents and minor parties, while allowing registered political parties to raise and transfer funds through long-established fundraising bodies that are not subject to the same limits.
In December, the Victorian government sought to postpone the High Court hearing, arguing proposed amendments to the laws could resolve the dispute. However, the state conceded there was no certainty the changes would pass parliament or when that might occur.
Chief Justice Stephen Gageler said there was a strong public interest in the matter proceeding, noting the proximity of the next state election and the need to resolve constitutional questions promptly.
“To adjourn the scheduled hearing to await the outcome of an uncertain parliamentary process would be antithetical to the proper resolution of the issue,” he said.
The court dismissed the government’s application with costs, meaning taxpayers will cover the legal costs incurred by the independent candidates in opposing the delay.
The outcome of the case is expected to have significant implications for how political campaigns are funded in Victoria ahead of the 2026 election.
