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Hopper Fronts High Court

Hopper High Court

In short: 

West Party founder Paul Hopper appeared before the High Court on Tuesday 3 February, challenging Victoria’s political donation caps which he argues unfairly disadvantage minor parties and independents. The case, expected to run over two days, could have major implications for election funding ahead of the November 2026 state election.

High Court Tests Victoria's Election Funding Rules

Paul Hopper has appeared before the High Court of Australia in Canberra today, Tuesday 3 February, mounting a direct challenge to Victoria’s political donation laws that he says are designed to lock minor parties out of the system.

The West Party founder travelled to the capital to argue that current donation caps unfairly disadvantage independents and small parties while protecting the major players.

Hopper claims the laws distort democracy by limiting how minor parties can fund campaigns, while allowing major parties to access uncapped money through fundraising vehicles.

Hopper said voters deserve a level playing field and that the West Party will continue to fight for the rights of everyday Victorians.

Also appearing at the High Court today was West Party candidate Gill Gannon, who is running for Williamstown.

Speaking to Wyndham TV this evening, Hopper said he was encouraged by how the case was received by the bench.

“The judges were very engaged and seemed very receptive to our case,” Hopper said.

“They seemed less impressed with the Solicitor General’s evidence.”

The second plaintiff in the case is Melissa Lowe, who ran as an independent candidate in Hawthorn at the 2022 state election.

Hopper and Lowe are asking the High Court to overturn a Victorian law that caps individual political donations at just under $5,000.

They argue the cap places an unreasonable burden on the implied freedom of political communication under the Constitution, particularly because major parties are still able to receive uncapped donations through associated fundraising entities.

The hearing is expected to run over two days.

The challenge comes as the state parliament considers changes to the same donation framework.

In December, the government introduced the Electoral Amendment Bill 2025, proposing adjustments to how nominated entities operate and how funds can be transferred to parties and independents.

Under the proposed changes, transfers from nominated entities would be capped at $500,000 per election period for political parties and $50,000 for independent candidates.

The bill also includes changes to how candidate and party information appears on ballot papers to reflect shifts in endorsements or groupings.

Hopper previously dismissed the proposed amendments, describing them as “putting lipstick on a pig,” arguing they fail to address what he sees as a fundamentally uneven system.

With a state election due in November 2026, the High Court’s decision has the potential to reshape how campaigns are funded in Victoria, with significant implications for who can realistically compete and who ultimately wins.

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