Government’s top lawyer Stephen Donaghue KC resigns ahead of High Court battle over social media ban

The Government’s top lawyer has resigned as it prepares for a High Court battle over the under-16 social media ban.

Solicitor-General Stephen Donaghue KC has been appointed to Victoria’s Court of Appeal, after appearing for the Commonwealth more than 150 times since January 2017.

In a statement, the State’s top court congratulated Dr Donaghue on his appointment and confirmed it was effective from January 27, 2026.

It comes as a third High Court challenge was lodged against the ban. Overlapping cases have been put forward by online chat forum Reddit and advocacy group The Digital Freedom Project Case.

A litigant, Dawn Kelly, had submitted the third application to challenge the ban in the court but it was refused.

“The legal arguments in Ms Kelly’s proposed application for a constitutional or other writ… in her affidavit are not easy to follow,” High Court justice James Edelman stated.

“She raises constitutional issues, including the implied freedom of political communication.

“And she also raises factual questions, including those related to assertions of unconscionable conduct and improper purposes of Commonwealth officers.”

“Nothing in Ms Kelly’s application for leave to issue or file, or her proposed application, or her affidavit in support, provides any support for her standing to bring the proposed application.

“Ms Kelly provides no basis upon which it could be said that her private rights are affected, or interfered with, by the legislation.

“The best that can be discerned from Ms Kelly’s affidavit is that she might have an emotional or merely intellectual interest in the subject matter of the legislation.”

Reddit lawyers Perry Herzfeld and Jackson Wherrett have listed the Commonwealth as the first defendant and Communication Minister Anika Wells as the second defendant in their legal challenge.

Western Australia, NSW, and South Australia have put their hands up to be heard as part of the Federal Government’s defence.

The US-based Reddit platform was one of 10 apps on the banned list alongside Facebook, Instagram, Snapchat, TikTok, X, YouTube, Threads, Kick, and Twitch.

All included platforms must take reasonable steps to deactivate accounts held by children under 16 or risk fines of up to $49.5 million.

Reddit representatives appeared in court in Canberra on Wednesday for a brief directions hearing.

Chief Justice Stephen Gageler said both Reddit and Digital Freedom Project’s matters should partly be heard in tandem but Reddit’s should be determined in advance.

The Digital Freedom Project’s case was launched in November in a bid to overturn the laws, with two 15-year-olds Macy Neyland and Noah Jones listed as the plaintiffs.

A further directions hearing was set for April 13, 2026.