Practice and procedure – Adequacy of reasons – Public interest immunity – Where s 130 of Evidence Act 2008 (Vic) required weighing of competing public interests for and against disclosure of information or documents – Where first respondent charged with murder – Where applicant resisted disclosure of documents concerning an informer – Where disclosure likely to lead to identification of informer and seriously risk informer's safety – Where primary judge found some documents likely to be of substantial assistance to first respondent's defence – Where primary judge's reasons consisted of five paragraphs – Whether primary judge complied with obligation to give adequate reasons by not disclosing process required by s 130(1).
Words and phrases – "adequate reasons", "balancing exercise", "disclosure", "document", "forensic significance", "informer", "public interest", "public interest immunity", "weighing process".
Evidence Act 2008 (Vic) – ss 130, 131A.
Judgment date
Case number
M83/2023
Before
Gageler CJ, Edelman, Beech-Jones JJ
Catchwords