Bennett & Co (a firm) v Director of Public Prosecutions (WA)

Bennett & Co, a firm, was in dispute with the Director of Public Prosecutions in Western Australia over the confiscation of property. The firm sought to set aside a freezing order and an examination order, which had been granted ex parte by the Supreme Court of Western Australia. The court was required to determine several legal issues, including whether the solicitors of the firm should be restrained from acting due to an inadvertent disclosure of an affidavit, the operation of secrecy provisions under the Criminal Property Confiscation Act 2000, and whether section 70 of the Act made affidavits confidential. Additionally, the court needed to consider the implications of public interest immunity.

The court found that the solicitors should not be restrained from acting as the disclosure of the affidavit was inadvertent and the firm had taken steps to mitigate any potential prejudice. Regarding the secrecy provisions, the court determined that section 70 did not make affidavits confidential, and therefore, the affidavits were not subject to public interest immunity. The court held that the ex parte freezing order was validly made, but the examination order was set aside as it was not properly supported by the affidavits. The appeal was allowed, and the orders made by the Supreme Court were varied accordingly.