The process for determining PII claims, including whether to appoint a contradictor, varies from case to case and depends on the volume of material, the manner in which the dispute has been narrowed, and the court's assessment of whether assistance is required. Where confidential material contains nothing relevant to the applicant's ground of appeal, the balancing exercise under s 130 of the Evidence Act 2008 (Vic) will favour maintaining confidentiality.
The full text is available to signed-in members, including the 1 later case that cites this judgment.
1 of the 1 citing case carries a classified treatment. How each court treated it is available to signed-in members.