AB (a pseudonym) v CD (a pseudonym)

The High Court of Australia considered whether information concerning the conduct of a police informer, who was also legal counsel for several accused persons, was subject to public interest immunity and whether disclosure of this information was permissible. The dispute arose after several accused individuals, represented by the informer, were convicted of criminal offences. The first respondent proposed to disclose information about the informer's conduct to each convicted person, which the applicants sought to prevent. The Court also considered whether special leave to appeal, previously granted, ought to be revoked.

The central legal issues before the Court were whether the proposed disclosures of information relating to the police informer's dual role as legal counsel and informant were protected by public interest immunity, and consequently, whether the first respondent was permitted to make such disclosures. The Court was required to balance the public interest in the integrity of the criminal justice system and the proper administration of justice against the potential prejudice that disclosure might cause.

The Court ultimately revoked the special leave to appeal previously granted. It found that disclosure of certain information, including documents filed in the proceedings, information derived from those documents, and the identity of the informer, should be restricted to prevent prejudice to the proper administration of justice, pursuant to section 77RE(1) of the Judiciary Act 1903 (Cth). However, the Court made specific exceptions, permitting disclosure to certain government officials and bodies for briefing purposes, and allowing for the disclosure of the terms of the orders and the outcome of the proceedings under specific conditions. The Court's file was ordered to remain closed until a specified date.