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.
Judgment date
Case number
M49/2004
M50/2004
M102/2004
M103/2004
Before
Gleeson CJ, McHugh, Gummow, Kirby, Hayne, Heydon JJ
Catchwords