AB v CD & Ors; EF v CD & Ors

In the High Court of Australia, two applications were heard concerning applications for special leave to appeal. The first applicant, AB, sought a suppression order in relation to documents filed in the proceeding, citing grounds under section 77RF(1)(a) of the Judiciary Act 1903 (Cth). The second applicant, EF, also sought special leave to appeal and did not oppose the proposed timetable variations. The first respondent in both matters was the Commonwealth Director of Public Prosecutions.

The primary legal issue before the Court was whether to grant the suppression order sought by AB, and related procedural matters concerning the timetable for submissions and the potential involvement of amici curiae. Specifically, the Court considered the balance between the public interest in the administration of justice in open court and the need to prevent prejudice to that administration, as contemplated by Part XAA of the Judiciary Act. The Court also addressed the necessity of obtaining a transcript from the Court of Appeal below to properly respond to the grounds of special leave.

The Court, having read the supporting affidavits and written submissions, indicated a tentative inclination to grant the suppression order sought by AB. This inclination was based on the view that such an order was proper to preserve the efficacy of the special leave application and prevent prejudice to the proper administration of justice. The Court noted that the Judiciary Act contemplates circumstances where public administration of justice may need to be tailored, and that the proposed order, by reference to specific documents and information filed in the proceeding, was supported by the Act. The Court also agreed to vary the timetable for submissions to allow for the obtaining of the Court of Appeal transcript, acknowledging the difficulties and delays involved.

The Court made orders that each party serve copies of any documents filed in the special leave applications on the solicitors for the proposed amici curiae, and that the proposed amici be notified of any oral hearing date. In proceeding M183 of 2017, the Court ordered, pursuant to section 77RE(1) of the Judiciary Act, that there be no disclosure of specified information other than in accordance with a subsequent order, to prevent prejudice to the proper administration of justice under section 77RF(1)(a).