Collard v The State of Western Australia [No 3]

The Supreme Court of Western Australia heard an application for non-publication orders in the case of Collard v The State of Western Australia [No 3]. The applicants, family members of the deceased, sought to prevent the disclosure of certain information concerning a police investigation and evidence of crime. The legal issues revolved around whether the information sought to be protected constituted a recognised head of public interest immunity, thereby justifying a departure from the principle of open justice. The court considered the potential consequences of publishing the information, including the risk of prejudice to the ongoing police investigation and the possibility of interference with the administration of justice.

The court found that the information concerning the police investigation and the alleged sexual assaults was subject to public interest immunity. The evidence showed that the investigation was in its early stages, and publishing details could potentially allow the alleged offenders to evade apprehension or prepare a response before being questioned. The court balanced the principle of open justice against the need to protect the ongoing investigation, concluding that a non-publication order was necessary to secure the administration of justice. The orders were made to prevent the dissemination of the information to the public and were served on relevant media outlets to ensure compliance.