In late 2013, the Supreme Court of Queensland refused an application instigated by a parishioner of a Methodist Church in Queensland, who sought orders to allow him to freely pass into the Church to distribute flyers he had made. The facts of the case are straight forward:
- Mr Gallagher, who had been a member of the congregation of a Methodist Church in Queensland, became increasingly upset at the theology proffered by his church.
- Mr Gallagher created “warning pamphlets” and during Sunday service, placed them in the pigeon holes (located inside the Church) of some of the members.
- One of the respondents (who included the pastor and members of the Board of that Church) asked Mr Gallagher to leave, but he refused and only left after the police were called.
- The following day, the respondents sent a letter to Mr Gallagher stating that the Board was unable to allow him to enter onto the Church property without express permission.
- Mr Gallagher complied with their letter but felt that the respondents’ actions were unjust and contrary to his entitlement to freedom of speech. He commenced action against the Church in the Supreme Court of Queensland.