State of New South Wales v Canellis & Ors; State of New South Wales v A.B.

These proceedings before the High Court of Australia concerned applications for special leave to appeal by the State of New South Wales against respondents in two separate matters, State of New South Wales v Canellis & Ors and State of New South Wales v A.B. The core of the dispute revolved around the accessibility of evidence and the implications for natural justice in an inquiry where complex computerised information was being used.

The legal issues before the Court included whether the findings of fact made by the lower court, particularly concerning the respondent's inability to access and understand computerised evidence due to a lack of skills, education, or training, were relevant to the determination of the case. Furthermore, the Court was required to consider the extent to which the rules of natural justice applied in such circumstances, especially in light of a statutory right to appear and the Court of Appeal's previous ruling that this did not automatically entitle a party to government legal aid.

The Court considered submissions regarding the nature of the inquiry, which was substantially aided by computers, and the fact that certain submission material containing serious allegations was not available to lay witnesses but retained by counsel. The argument was made that the respondent lacked the necessary skills to access or understand this data, raising questions about the fairness of the process. The Court also referenced the principles established in *Annetts*, which had previously limited the scope of submissions allowed in similar proceedings.