R & Anor v Independent Broad-Based Anti-Corruption Commissioner

The applicants, R and another, sought special leave to appeal to the High Court of Australia from a decision of the Court of Appeal. The dispute concerned the Independent Broad-Based Anti-Corruption Commissioner's (IBAC) intention to conduct examinations of the applicants. The applicants also sought a continuation of suppression orders regarding their names.

The legal issues before the High Court included whether special leave to appeal should be granted, and in the interim, whether an injunction should be granted to restrain the IBAC from examining the applicants before the determination of the special leave application. A further issue was whether a non-publication order for the applicants' names was necessary to prevent prejudice to the proper administration of justice, specifically concerning the fairness of any future criminal trial.

The Court considered the IBAC's assurance that examinations would be deferred until after the special leave application hearing. Regarding the non-publication of names, the applicants argued that publicity could prejudice potential jurors in future trials, citing previous suppression orders granted by Victorian courts. The IBAC, while not actively opposing the non-publication request, highlighted the high threshold required under section 77RF of the Judiciary Act 1903, noting that mere embarrassment or inconvenience would not suffice. The Court acknowledged the applicants' concerns about potential prejudice but expressed doubt that the risk was sufficient to warrant a non-publication order at that stage, balancing this against the principles of open justice.

The Court indicated it was not persuaded that the risk of prejudice warranted a non-publication order at that stage. The applicants indicated they would rely on the IBAC's assurance regarding the deferral of examinations.