In Attorney-General of the Commonwealth v Nacer Benbrika [2025] VSC 83, the Supreme Court of Victoria upheld the Director-General of ASIO’s claim of public interest immunity and made protective orders in relation to sensitive information relating to the Commonwealth Attorney-General’s application for a post-sentence order in relation to Mr Benbrika.

Elliott J accepted the Director-General’s argument that it was in the interest of Australia’s national security not to disclose the information, and held that any disclosure of the information would be catastrophic to national security ([152]).

The Court also made protective orders on the Director-General’s application, that permitted other information, that would be of assistance to Mr Benbrika in the proceedings, to be made available to his legal representatives.

The Director-General was represented by Trent Glover SC of 11 St James Hall and Joe Petry of Nigel Bowen Chambers.

Link to judgment: https://www.austlii.edu.au/cgibin/viewdoc/au/cases/vic/VSC/2025/83.html