The Supreme Court retains inherent jurisdiction to determine claims of public interest immunity over documents arising in commercial arbitrations, notwithstanding the provisions of the Commercial Arbitration Act 1984 (Vic). Section 47 of the Act confers only ancillary jurisdiction to make orders in aid of arbitration beyond the arbitrator's powers, not jurisdiction to review arbitral rulings on evidence or production. Public interest immunity is not capable of waiver and cannot be conclusively determined by an arbitrator.
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