Re Shaw

The matter of Re Shaw involved an application for a grand jury to inquire into the alleged unlawful oaths of Freemasons. The case was heard in the Supreme Court of Victoria. The applicant sought to summon a grand jury under sections 316 and 354 of the Crimes Act 1958, to investigate the matter. The court was required to determine whether the application was to be made ex parte, the discretion to refuse to summon the grand jury, and the deficiencies in the material provided by the applicant.

The court held that an application for a grand jury should not be made ex parte, as this would contravene the spirit and intent of the Crimes Act 1958. The court also found that it had the discretion to refuse to summon a grand jury if the application was hopeless. In this instance, the voluminous and disordered material provided by the applicant failed to identify the alleged offenders or show the unlawful oaths taken, rendering the application hopeless. The court overruled the decision in Byrne v. Armstrong (1899) 25 V.L.R. 126, which had previously allowed for ex parte applications for a grand jury.

The Supreme Court of Victoria dismissed the application for a grand jury to inquire into the alleged unlawful oaths of Freemasons, finding that the application was hopeless due to the deficiencies in the material provided by the applicant. The court's decision clarified the proper procedure for such applications and reinforced the importance of providing sufficient evidence to support the allegations. The applicant was ordered to pay the costs of the proceeding.