In the Matter of an Application by the Chief Commissioner of Police (Vic)

[2005] HCA 18
Judgment date
Case number
M49/2004
M50/2004
M102/2004
M103/2004
Before
Gleeson CJ, McHugh, Gummow, Kirby, Hayne, Heydon JJ
Catchwords

Practice and procedure – Appeal from order of trial judge to prohibit, for a limited time, the publication of methods and material used by police in murder investigations - Whether appeal to Court of Appeal barred by s 17A(3) of the Supreme Court Act 1986 (Vic) - Whether appeal lay as of right, or only by way of leave - Provision of additional written submissions following conclusion of hearing - Proper procedure to be observed.

Procedural fairness – Whether Court of Appeal decided substantive issues without providing the Chief Commissioner of Police sufficient opportunity to present argument.

Constitutional law (Cth) – Appeal to High Court - Manner of conduct of proceedings in Court of Appeal - Elaboration of record by affidavit evidence - Whether affidavit admissible - Whether orders subject to appeal - Whether disjoined from administration of the law - Whether statutory publication prohibition orders sufficiently connected with concluded criminal trials - Whether necessary and appropriate to consider questions.

Words and phrases – "leave to appeal", "appeal as of right", "procedural fairness", "determination", "interlocutory", "in relation to".

Supreme Court Act 1986 (Vic) – ss 17A(3), 17A(4)(b), 18, 19.

Crimes Act 1958 (Vic) – s 567.

Files
18.rtf (74.6 KB)
18.pdf (155 KB)