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Suppression order decision - DPP v Silvagni (Review of Suppression Order) [2025] VCC 1838 (11 December 2025)
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HIS HONOUR: Gentlemen, I have listed this matter for directions because there is an obvious overlap with The Digital Freedom Project Case. It is important that the cases proceed, at least in part, in tandem and that there be a matching timetable, and so far as possible that there is a common substratum of fact, or at least evidence, bearing on the constitutional question. Can I ask, Mr Wherrett, whether there had been discussions between the parties concerning how this matter might progress?
On a similar topic - In the matter of an application by Dawn Kelly for leave to issue or file [2025] HCASJ 48 - Edelman J (17 December 2025)
[3] The relief sought by Ms Kelly is described as "Urgent Injunctive Relief Sought with Supplementary Order". She seeks an initial injunction under s 75(v) of the Constitution against the "Minister for Communications and Sport" from "enacting or giving any legal effect to requirements of the Online Safety Act 2021 (Cth)"…
[7] In addition, the prosecution called the informant, Senior Constable Jordan Norris, who gave evidence that he had asked Mr Taylor for the messages, but Mr Taylor could not provide them because they had been deleted. He did not seize Mr Taylor’s phone for forensic examination.
[8] The text messages were not adduced by either party.
…
[10] After the trial it emerged that the text messages had in fact been obtained by investigators from the applicant’s phone. They had been available to the prosecution and provided to defence counsel. It is clear on reading the text messages that the applicant did not admit the offending in those messages. To the contrary, she denied involvement in it.
[11] Thus, as the respondent accepted, ‘completely erroneous evidence of a supposed confession was therefore introduced, unchallenged, into evidence’.
Following the success of a pilot program conducted between 1 September 2024 to September 2025 the Court has permanently adopted the National General Protections List (the List). The List was established to promote consistency and efficiency in the management of general protections proceedings under the Fair Work Act 2009 (Cth).
Credit - u/Kasey-KC (Reddit)
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