The principle from ACCC v [name withheld] that a prosecuting agency will not be required to comply with a subpoena that operates as a mere check on its disclosure obligations does not extend to production sought from a non-prosecuting third party under s 317 of the Criminal Procedure Act 2009 (Vic). In second appeals involving allegations that a solicitor acted as a police informer, the importance of the issue may justify ordering production even where there is greater than usual uncertainty about whether the documents will materially assist the applicant's case.
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