Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Sadie Ville Pty Ltd v Deloitte Touche Tohmatsu (A Firm) (No 3) [2018] FCA 1107 File number: VID 632 of 2017
Judge: MOSHINSKY J
Date of judgment: 26 July 2018
Catchwords: PRACTICE AND PROCEDURE – discovery – privilege against self-incrimination – privilege against exposure to penalties – where respondent accounting firm objected to production of its audit files, review files and working papers in relation to the relevant engagements – where the applicant's statement of claim alleged contraventions of statutory provisions that were offence provisions and/or pecuniary penalty provisions – applicable principles – whether production of the documents would give rise to a real and appreciable risk of prosecution and/or institution of proceedings for a pecuniary penalty
Legislation: Australian Securities and Investments Commission Act 2001 (Cth), ss 1, 5, 12BAA, 12DA, 12DB, 12GB, 12GBA, 12GBC Competition and Consumer Act 2010 (Cth), s 77, Sch 2, Australian Consumer Law, ss 18, 29, 151, 212, 224, 228 Corporations Act 2001 (Cth), ss 307A, 307B, 324AB, 439A, 596B, 728, 729, 761F, 763A, 764A, 1041E, 1041H, 1311, 1316 Evidence Act 1995 (Cth), s 187 Federal Court of Australia Act 1976 (Cth), Pt IVA Trade Practices Act 1974 (Cth), s 77 Federal Court Rules 2011, rr 9.41, 20.32 Fair Trading Act 1999 (Vic) Fair Trading Amendment (Australian Consumer Law) Act 2010 (Vic) Partnership Act 1958 (Vic), s 14 Partnership Act 1892 (NSW), s 10
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