Collaery v The Queen (No 2)

• 1. National Security
  2. › Criminal proceedings
  3. › Non-disclosure orders
  4. › National Security Information (Criminal and Civil Proceedings) Act 2004 (Cth), s 31
  5. › Balancing risk of prejudice to national security against administration of justice
  6. › Whether risk of prejudice to national security outweighed interests of open court principle
  7. › Whether primary judge gave too much weight to national security risk and too little to administration of justice
• 1. Practice and Procedure
  2. › Open court principle
  3. › Criminal proceedings
  4. › Departure from open court principle
  5. › National security proceedings
  6. › Whether compelling grounds existed to close proceedings
  7. › Risk of damage to public confidence in administration of justice
• 1. Appeal
  2. › Appeal by way of rehearing
  3. › Standard of appellate review
  4. › Distinction between discretionary and unique-outcome decisions
  5. › Whether decision under s 31 of NSIA was unique-outcome decision attracting correctness standard
  6. › National Security Information (Criminal and Civil Proceedings) Act 2004 (Cth), s 37
• 1. Appeal
  2. › Further evidence on appeal
  3. › Whether further evidence would have produced different result
  4. › Supreme Court Act 1933 (ACT), s 37N(3)

Quick Take