High Court of Australia

AB (a pseudonym) v CD (a pseudonym) [2018] HCA 58

EF (a pseudonym) v CD (a pseudonym)

5 Nov 2018

Case Number: M73/2018 M74/2018


Kiefel CJ, Bell, Gageler, Keane, Nettle, Gordon, Edelman JJ


Criminal law – Prosecution's duty of disclosure – Public interest immunity – Where legal counsel for several accused ("EF") was enlisted as police informer – Where EF provided information to police that had potential to undermine each accused's defences to criminal charges – Where each accused convicted of criminal offences – Where first respondent proposed to disclose to each convicted person information about EF's conduct – Whether information subject to public interest immunity – Whether first respondent permitted to make proposed disclosures.

Practice and procedure – High Court – Special leave to appeal – Whether special leave to appeal ought to be revoked.

Words and phrases – "adequately protect", "disclosure", "police informer", "integrity of the criminal justice system", "public interest immunity", "witness protection".

Witness Protection Act 1991 (Vic) – s 3B(2)(b).

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