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ARTICLE · 24 SEPTEMBER 2015

I Protest! When protesting becomes a nuisance (and when it doesn't)

The clinic asked the Supreme Court to compel the Council to exercise its powers and take action against the protestors.

AustraliaGovernment, Public Sector

What should you do when a bunch of protestors is outside your business blocking customers from getting in? Any lawyer will tell you to sue the protestors. But what if the protest group is a rabble and there is no legal entity to sue? Well, that is where things get tricky.

The Fertility Control Clinic in Melbourne provides family planning and reproductive services. For decades, members of the Helpers of God's Precious Infants group have protested outside the clinic targeting women using the clinic's services. Rather than sue the protestors, the clinic took the Melbourne City Council to court.

In a clever argument the clinic said the Council had failed to stop the group's intimidation of staff and patients, which amounted to a general nuisance.

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