Collaery v The Queen (No 2)

This matter concerned an appeal from an order prohibiting the disclosure of certain information. The appellant, Bernard Collaery, sought to appeal an order made by a single judge of the Supreme Court of the Australian Capital Territory. The appeal was heard by Murrell CJ, Burns and Wigney JJ of the Supreme Court of the Australian Capital Territory.

The central legal issues before the Court of Appeal were whether the single judge erred in finding that the disclosure of certain statements would be contrary to the public interest, specifically in relation to national security. This involved considering whether the statements had already been confirmed or denied, the risk of prejudice to national security, the effect on the appellant's right to a fair trial, and the potential damage to public confidence in the administration of justice. The Court was required to assess these factors in light of section 31 of the *National Security Information (Criminal and Civil Proceedings) Act 2004* (Cth).

The Court of Appeal allowed the appeal. The reasoning behind this decision, as indicated by the orders, suggests that the Court found the single judge's prohibition order to be erroneous, likely concluding that the disclosure of the statements did not, in fact, pose the risks to national security or the administration of justice that had been asserted. The specific grounds for allowing the appeal would have involved a detailed re-evaluation of the evidence and the application of the principles under section 31 of the *National Security Information (Criminal and Civil Proceedings) Act 2004* (Cth).