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 appeals by the State of New South Wales against decisions made in relation to inquiries conducted under section 475 of the *Crimes Act 1900* (NSW). The appeals involved 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 extent of procedural fairness owed to participants, particularly "affected persons," in these broad-ranging inquiries, which lacked the defined issues and pleadings characteristic of traditional litigation.

The legal issues before the Court included whether participants in a section 475 inquiry, especially those identified as "affected persons," were entitled to a meaningful opportunity to be heard, akin to the principles of natural justice or procedural fairness. This was contrasted with the concept of a "fair trial" as understood in criminal proceedings. The Court was required to consider whether the broad terms of reference for such inquiries, coupled with the absence of formal pleadings, compounded the difficulty for participants to effectively engage with the process and whether existing legal principles adequately addressed this situation, or if an evolution of those principles was necessary.

The Court was presented with submissions that while an "affected person" might not have an entitlement to a "fair trial" in the criminal sense, they did possess a legal entitlement to a full and fair opportunity to be heard. This entitlement, it was argued, was reinforced by statutory rights under section 474G(4) of the *Crimes Act* to participate in the proceedings, including the examination of witnesses. The argument was advanced that this participation must be meaningful and not illusory, requiring an application of ordinary natural justice principles to the unusual factual circumstances of the inquiry. The Court considered whether this constituted an extension of existing legal principles or a straightforward application of established precepts to a novel situation, noting the rapid evolution of natural justice principles in Australian law.