Legal Documents and Commentaries

Legal Power to Discontinue Cases

See:
Judiciary Act 1903 Sect 71

See also:
Question. Can the Attorney-General discontinue the Witness K/Bernard Collaery cases?
Answer. Yes.
Question. Can the Commonwealth Director of Public Prosecutions discontinue the cases?
Answer. Yes.
See here for proof.

2021

October 2021

Collaery v The Queen (No 2) [2021] ACTCA 28 Murrell CJ, Burns and Wigney JJ
6 October 2021
The Court of Appeal has unanimously allowed an appeal by Mr Collaery concerning the public disclosure of certain information that is likely to be given as evidence in his trial.   Pdf here.

SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY COURT OF APPEAL
27 January 2021
Collaery v The Queen  [2021] ACTCA 1
Acceptance of Bret Walker SC on Bernard Collaery’s team

2020

SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
R v Collaery (No 7) [2020] ACTSC 165
25 May 2020 – 29 May 2020 26 June 2020  Mossop J

NATIONAL SECURITY – APPLICATION FOR ORDERS PROHIBITING DISCLOSURE – Nature of task under s 31(7) and (8) of National Security Information (Criminal and Civil Proceedings) Act 2004 (Cth) – Real risk of prejudice to national security – no substantial adverse effect on defendant’s right to fair hearing – orders consistent with the Attorney-General’s certificate should be made.

2019

The Hon. Christian Porter MP – 19 August 2019 – Media Statement  (Pdf 547 kb)
Mr Porter states his views on Witness K and Bernard Collaery in a series of nine questions and answers.
I put this Media Statement on this site on 03 December 2020 as I had a copy. A search finds that no Media Releases are listed between 16 and 29 August 2019. Search here:
https://webarchive.nla.gov.au/awa/20210325235125/https://www.attorneygeneral.gov.au/media/media-releases?year=all&page=12

A search for  “Attorney-General Media Statements” finds only Media Releases.

Australian Law Reform Commission – Keeping Secrets:The Protection of Classified and Security Sensitive Information  May 2004.   (Pdf only).

Practitioners Guide to the National Security Information (Criminal and Civil Proceedings) Act 2004
Intelligence Services Bill 2001    Pdf only.

2013

International Court of Justice 
Press Release 20 December 2013   The ICJ calls on Australia “to refrain from any act which may cause prejudice to the rights claimed” by Timor-Leste.

2014

International Court of Justice
Press Release 3 March 2014
“Questions relating to the Seizure and Detention of Certain Documents and Data
(TimorLeste v. Australia)
The Court finds that Australia shall ensure that the content of the seized material is not used to the disadvantage of TimorLeste.”