Full Court Minute Books

Case M174/2017

Donald Galloway (a pseudonym) v. Commonwealth Director of Public Prosecutions & Ors

Case No.

M174/2017

Related matters:

M168/2017 - Tony Strickland (a pseudonym) v. Commonwealth Director of Public Prosecutions & Ors [Appeal]

M175/2017 - Edmund Hodges (a pseudonym) v. Commonwealth Director of Public Prosecutions & Ors [Appeal]

M176/2017 - Rick Tucker (a pseudonym) v. Commonwealth Director of Public Prosecutions & Ors [Appeal]

Case Information

Lower Court Judgment

25/05/2017 Supreme Court of Victoria (Court of Appeal) (Maxwell P, Redlich and Beach JJA)

[2017] VSCA 120

Catchwords

Criminal law – Stay of proceedings – Australian Crime Commission Act 2002 (Cth) – Investigations – Where Australian Federal Police (“AFP”) commenced investigation – Where appellants summoned by Australian Crime Commission for compulsory examination – Where examiner failed to make non-publication direction under s 25A(9) of Act prohibiting publication of examination material concerning appellants to AFP and Commonwealth Director of Public Prosecutions – Where primary judge found examination conducted for improper purpose of assisting AFP and had unfair consequences for trial – Where primary judge ordered permanent stay of proceedings – Where Court of Appeal quashed order – Whether Court of Appeal erred in finding unlawful compulsory examination for purpose of achieving forensic advantage insufficient in circumstances to justify permanent stay of proceedings.

Short particulars

Documents

17/11/2017 Hearing (SLA, Melborne)

01/12/2017 Notice of appeal

08/12/2017 Submitting appearance (Third Respondent)

14/12/2017 Submitting appearance (Fourth Respondent)

14/12/2017 Submitting appearance (Fifth Respondent)

22/12/2017 Written submissions (Appellant)

22/12/2017 Chronology (Appellant)

19/01/2018 Written submissions (First Respondent)

19/01/2018 Written submissions (Second Respondent)

09/02/2018 Reply to first respondent

08/05/2018 Hearing (Full Court, Canberra)

08/05/2018 Outline of oral argument (Appellant)

08/05/2018 Outline of oral argument (First Respondent)

08/05/2018 Outline of oral argument (Second Respondent)

09/05/2018 Hearing (Full Court, Canberra)

16/05/2018 Written submissions on standing (Second Respondent)

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