Strickland (a pseudonym); Galloway (a pseudonym); Hodges (a pseudonym); Tucker (a pseudonym) v Commonwealth Director of Public Prosecutions & Ors

[2018] HCATrans 232

[2018] HCATrans 232

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Melbourne  No M168 of 2017

B e t w e e n -

TONY STRICKLAND (A PSEUDONYM)

Appellant

and

COMMONWEALTH DIRECTOR OF PUBLIC PROSECUTIONS

First Respondent

AUSTRALIAN CRIMINAL INTELLIGENCE COMMISSION

Second Respondent

DONALD GALLOWAY (A PSEUDONYM)

Third Respondent

EDMUND HODGES (A PSEUDONYM)

Fourth Respondent

RICK TUCKER (A PSEUDONYM)

Fifth Respondent

Office of the Registry
  Melbourne  No M174 of 2017

B e t w e e n -

DONALD GALLOWAY (A PSEUDONYM)

Appellant

and

COMMONWEALTH DIRECTOR OF PUBLIC PROSECUTIONS

First Respondent

AUSTRALIAN CRIMINAL INTELLIGENCE COMMISSION

Second Respondent

EDMUND HODGES (A PSEUDONYM)

Third Respondent

TONY STRICKLAND (A PSEUDONYM)

Fourth Respondent

RICK TUCKER (A PSEUDONYM)

Fifth Respondent

Office of the Registry
  Melbourne  No M175 of 2017

B e t w e e n -

EDMUND HODGES (A PSEUDONYM)

Appellant

and

COMMONWEALTH DIRECTOR OF PUBLIC PROSECUTIONS

First Respondent

AUSTRALIAN CRIMINAL INTELLIGENCE COMMISSION

Second Respondent

DONALD GALLOWAY (A PSEUDONYM)

Third Respondent

TONY STRICKLAND (A PSEUDONYM)

Fourth Respondent

RICK TUCKER (A PSEUDONYM)

Fifth Respondent

Office of the Registry
  Melbourne  No M176 of 2017

B e t w e e n -

RICK TUCKER (A PSEUDONYM)

Appellant

and

COMMONWEALTH DIRECTOR OF PUBLIC PROSECUTIONS

First Respondent

AUSTRALIAN CRIMINAL INTELLIGENCE COMMISSION

Second Respondent

DONALD GALLOWAY (A PSEUDONYM)

Third Respondent

TONY STRICKLAND (A PSEUDONYM)

Fourth Respondent

EDMUND HODGES (A PSEUDONYM)

Fifth Respondent

For Judgment

KIEFEL CJ
BELL J
GAGELER J
KEANE J
NETTLE J
GORDON J
EDELMAN J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON THURSDAY, 8 NOVEMBER 2018, AT 10.01 AM

Copyright in the High Court of Australia

____________________

KIEFEL CJ:   These appeals were heard in Canberra on 8 and 9 May 2018 by a Court constituted by Justices Bell, Gageler, Keane, Nettle, Gordon, Edelman and myself.  Justices Bell, Nettle and I would allow the appeals.  I publish our joint reasons.

GAGELER J:   I would dismiss the appeals.  I publish my reasons.

KEANE J:   I would allow the appeals.  I publish my reasons.

GORDON J:   I would dismiss the appeals.  I publish my reasons.

EDELMAN J:   I would allow the appeals.  I publish my reasons.

KIEFEL CJ:   The Court has been advised by the parties that there remain in place suppression orders respecting certain of the material which may appear in the reasons for judgment of the Court.  To prevent prejudice to the proper administration of justice the Court makes orders to enable identification by the parties of material which may be the subject of ongoing suppression orders before the full, unredacted reasons of the Court are made publicly available.  In the interim, reasons of the Court in a redacted form are to be made available to the public.  To that end, the orders of the Court are:

1.Appeals allowed.

2.Set aside Orders 2 and 3 of the orders of the Court of Appeal of the Supreme Court of Victoria made on 25 May 2017 and, in their place, order that the appeal to that Court be dismissed.

3.Subject to Orders 4 and 5, the reasons for judgment of the Court be made available from the High Court Registry only in their redacted form and by request, subject to payment of the prescribed fee.

4.The full, unredacted reasons for judgment of the Court be provided to the parties and their legal representatives.

5.Pursuant to section 77RE(1) of the Judiciary Act 1903 (Cth), it being necessary to prevent prejudice to the proper administration of justice under section 77RF(1)(a) of the Judiciary Act, there be no disclosure other than disclosure in accordance with Order 4, whether by publication or otherwise, of the full, unredacted reasons for judgment of the Court until 10.00 am on Wednesday, 14 November 2018 or further order.

6.There be liberty to apply within 5 days for orders to continue the suppression or non‑publication of any of the redacted sections of the unredacted reasons for judgment of the Court.

I publish those orders.

AT 10.04 AM THE MATTERS WERE CONCLUDED