Lawyers’ Statements and Legal Documents

Mark Dreyfus QC MP gave a speech at the Australian Bar Association Conference in Melbourne on 30 April 2022

Read the speech here.  And an article from Crikey here.  And an article by Senator Rex Patrick here.

Australian Bar Association calls on the Australian Government to reconsider the prosecution of Bernard Collaery
Australian Bar Association – Media Release – 28 July 2021

Opaque Justice  (Pdf)
Human Rights Law Centre – 30 April 2021
Concerns the NSI Act and the “Alan Johns” (Witness J) affair.

ACT Bar Association Media Release
Time to Reconsider the Prosecution of Bernard Collaery
1 April 2021
With the announcement that Christian Porter will be replaced as Commonwealth Attorney-General, the ACT Bar Association calls on incoming Attorney, The Hon. Michaelia Cash to review the prosecution of former ACT Attorney-General Bernard Collaery.   Pdf here.

Law Council President, Pauline Wright, support to Bernard Collaery
Media Statement – Pauline Wright – 16 October 2020  Pdf here.

Australian Lawyers’ Association says charges against ACT A-G must be dropped as tensions build
Naomi Neilson – Lawyers Weekly – 2 September 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. I searched today using this link but could only find 4 Media Statements for August 2019, and this one is not among them. (S. Connelly)

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.”