Madafferi v The King

[2025] VSCA 201

Victorian Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Practice and Procedure
3. › Production of documents
4. › Implied undertaking (Harman undertaking)
5. › Release from undertaking
6. › Whether consent of producing party determinative
7. › Whether documents should be released for use in collateral proceedings
8. › Factors relevant to release
1. Criminal Law
2. › Practice and Procedure
3. › Express confidentiality undertaking
4. › Variation of undertaking
5. › Whether limited release should be granted for use in immigration proceedings
1. Criminal Law
2. › Practice and Procedure
3. › Restricted evidence
4. › Major Crime (Investigative Powers) Act 2004 (Vic), s 43A
5. › Whether restricted evidence released in criminal proceedings may be varied for use in immigration proceedings
6. › Whether MCIPA framework permits release outside criminal proceedings

Quick Take

Information restricted under the Major Crime (Investigative Powers) Act 2004 (Vic) and released pursuant to s 43A in criminal proceedings cannot be varied for use in non-criminal proceedings such as immigration matters, as the statutory framework only permits release where a person is charged with an offence before the court.

Case Details

Citation[2025] VSCA 201

CourtVSCA

JurisdictionVictoria

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Relies on9

2025Madafferi v The KingVSCA 114
2024Madafferi v The King [No 2]VSCA 14
2024Madafferi v The King [No 1]VSCA 12
2023Madafferi v The KingVSCA 178
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