In the context of applications for production of documents under s 317 of the Criminal Procedure Act 2009 (Vic), where an applicant's former solicitor was a police informer, the court will order production of documents where the applicant demonstrates it is 'on the cards' that the informing extended beyond periods already identified, and claims of excessive burden require an appropriate factual foundation to be persuasive. The evolution of the Chief Commissioner's position over time regarding the extent of informing is a relevant factor in assessing the reliability of affidavit evidence relied upon to resist production.
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