The leave requirement under div 4.4.3 of the Evidence (Miscellaneous Provisions) Act 1991 (ACT) operates at three distinct stages with different tests: (1) leave to compel production requires only a 'reasonable possibility' of material assistance; (2) leave to inspect requires the Court to be satisfied the public interest in fair proceedings outweighs the public interest in confidentiality; (3) leave to adduce evidence is a matter for the trial judge. Leave may be granted nunc pro tunc where the text of the Act does not preclude retrospective grant. A party seeking disclosure need not show the documents will advance its case; it suffices that access will assist in making decisions about its case.
The full text is available to signed-in members, including the 19 later cases that cite this judgment.
7 of the 19 citing cases carry a classified treatment. How each court treated it is available to signed-in members.