Full Court Minute Books

Case M73/2018

AB (a pseudonym) v. CD (a pseudonym) & Ors
EF (a pseudonym) v. CD (a pseudonym) & Ors

Case Nos.

M73/2018; M74/2018

Case Information

Lower Court Judgment

21/11/2017 Supreme Court of Victoria (Court of Appeal) (Ferguson CJ, Osborn JA, McLeish JA)

[2017] VSCA 338


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).


05/11/2018 Judgment (Full Court, published 3 December 2018)

29/01/2019 Order

14/02/2019 Order

27/02/2019 Judgment (Single Justice)

28/02/2019 Order (Full Court)

28/02/2019 Order (Single Justice)