CD & Anor v Director of Public Prosecutions (SA) & Anor

[2025] HCATrans 36

[2025] HCATrans 036

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Adelaide  No A24 of 2024

B e t w e e n -

CD

First Appellant

TB

Second Appellant

and

DIRECTOR OF PUBLIC PROSECUTIONS (SA)

First Respondent

ATTORNEY‑GENERAL OF THE COMMONWEALTH OF AUSTRALIA

Second Respondent

GAGELER CJ
GORDON J
EDELMAN J
STEWARD J
GLEESON J
JAGOT J
BEECH‑JONES J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON TUESDAY, 13 MAY 2025, AT 2.25 PM

Copyright in the High Court of Australia

____________________

MR B.W. WALKER, SC:   May it please the Court, I appear with MR D.F. O’LEARY, SC and MS S. PALANIAPPAN for the appellants.  (instructed by Agresta Moran Barristers & Solicitors)

MR M.G. HINTON, KC:   If the Court pleases, I appear with my learned friends MS A.F. CAIRNEY and MR W.M. SCOBIE for the first respondent.  (instructed by Director of Public Prosecutions (SA))

MR T.M. BEGBIE, KC:   May it please the Court, I appear with MR P.J. MELICAN and MS M.R. SALINGER for the second respondent.  (instructed by Australian Government Solicitor)

GAGELER CJ:   Thank you, Mr Begbie.  Now, there is an application for the revocation of special leave to appeal in this matter.

MR HINTON:   Correct, if your Honour pleases.

GAGELER CJ:   We have seen what has been written about it.  Do you have anything to add to your written submissions, Mr Hinton?

MR HINTON:   Nothing more than, in the argument that we heard earlier today, it is more or less conceded that if the Confirmation Act is valid, then it renders the appeal otiose.

GAGELER CJ:   Thank you.  Mr Begbie, you support this application, you have nothing to add?  Mr Walker, as I understand it from what you said earlier today in another case and what you have written in this matter, that you accept that, in your words, the revocation stands or falls with the validity of the Act.

MR WALKER:   Yes.

GAGELER CJ:   In those circumstances, the Court will reserve its decision on the application for the revocation of special leave to appeal in this matter and will

otherwise adjourn until 10.00 am tomorrow for the delivery of judgments in other cases.

AT 2.27 PM THE MATTER WAS ADJOURNED