AB (a pseudonym) v Independent Broad-based Anti-corruption Commission [2024] HCA 10

HIGH COURT OF AUSTRALIA

GAGELER CJ,

GORDON, EDELMAN, STEWARD, GLEESON, JAGOT AND BEECH-JONES JJ

AB (A PSEUDONYM) & ANOR APPELLANTS

AND

INDEPENDENT BROAD-BASED ANTI-CORRUPTION

COMMISSION RESPONDENT

AB (a pseudonym) v Independent Broad-based Anti-corruption Commission

[2024] HCA 10

Date of Hearing: 7 December 2023

Date of Judgment: 13 March 2024

M63/2023

ORDER

1. Appeal allowed.

2. Set aside orders 1 and 4 made by the Court of Appeal of the Supreme Court of Victoria on 15 December 2022 and, in their place, order that:

(a) the application for leave to appeal be granted;

(b) orders 1 and 2 made by Ginnane J on 4 October 2022 be set aside and in their place:

(i) note the undertaking given by the respondent to the High Court of Australia on 7 December 2023 that it will not transmit to the Parliament of Victoria a report pursuant to the Independent Broad-based Anti-corruption Commission Act 2011 (Vic) containing the proposed comment or opinion set out in the sixth paragraph on page 32 of the appellants' Book of Further Materials filed in the High Court of Australia;

(ii) order that each party pay their own costs of the proceedings; and

(iii) order that the proceedings otherwise be dismissed;

(c) each party pay their own costs of the application for leave to appeal to the Court of Appeal; and

(d) the appeal otherwise be dismissed.

3. The respondent pay the appellants' costs of the appeal to this Court.

On appeal from the Supreme Court of Victoria

Representation

N M Wood SC with C J Tran and B Bromberg for the appellants (instructed by Slater & Gordon Lawyers)

P J Hanks KC and F I Gordon KC with J S Maxwell for the respondent (instructed by Independent Broad-based Anti-corruption Commission)

Notice: This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.