The statutory test of necessity under s 18(1)(a) of the Open Courts Act 2013 (Vic) is not satisfied merely because it would be reasonable to make a suppression order; even where findings of criminality are made against witnesses without compliance with the rule in Browne v Dunn and without opportunity to defend, the primacy of open justice prevails unless the threshold of necessity to prevent a real and substantial risk of prejudice to the administration of justice is met.
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