A v The Corruption and Crime Commissioner and Ors

The applicant, identified as 'A', sought special leave to appeal to the High Court of Australia against orders made by the Court of Appeal of Western Australia. The respondents were the Corruption and Crime Commissioner of Western Australia, the Corruption and Crime Commission of Western Australia, and the Attorney-General for Western Australia. The core of the dispute concerned the potential disclosure of CCTV footage by the second respondent to the Western Australian Parliament as part of a section 84 report, and whether an undertaking previously given by the second respondent prevented such disclosure. The applicant sought a stay of the dismissal of their appeal in the Court of Appeal, or alternatively, an order restraining the disclosure of the footage pending the determination of the special leave application.

The High Court was required to determine whether it had jurisdiction to entertain the application for special leave to appeal, given that the Court of Appeal had not yet formally made orders dismissing the appeal. The applicant argued that the formal making of these orders was a mere formality and that the urgency of the situation, due to the impending expiry of an undertaking and the proximity of court holidays, necessitated the immediate filing of the application in the High Court. The applicant also contended that the High Court possessed inherent jurisdiction to make orders preserving the utility of the subject matter of a potential appeal, citing the *Ampolex* decision.

The High Court expressed significant difficulty in finding a jurisdictional basis to entertain the application at that stage, as Australian appellate jurisdiction, under section 73 of the Constitution and sections 35 and 35A of the *Judiciary Act 1903* (Cth), is generally limited to appeals from judgments, decrees, orders, and sentences, not merely reasons for decision. The Court noted that the applicant had successfully requested the Court of Appeal not to make orders so that an application for a stay could be made to the Chief Justice of Western Australia that morning. The Court indicated that it could not act until formal orders were made by the Court of Appeal, after which it might have jurisdiction to consider an application to preserve the utility of an appeal.

The High Court ultimately stood the hearing down until after the applicant's appearance before the Chief Justice of Western Australia, allowing the parties to address the matter again once the situation regarding the Court of Appeal's orders and any potential stay had been clarified.