Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Australian Workers' Union v Registered Organisations Commissioner (No 7) [2019] FCA 195 File number: VID 1151 of 2017
Judge: BROMBERG J
Date of judgment: 15 February 2019
Catchwords: EVIDENCE – s 128, Evidence Act 1995 (Cth) – privilege against self-incrimination – where reasonable grounds for objection under s 128(2) of the Evidence Act – where witness declines to give evidence willingly – whether pursuant to s 128(4) of the Evidence Act witness should be required to give evidence – whether the "interests of justice" require that the witness give evidence – consideration of the availability of other evidence – application of s 128 certificate to proceedings before Parliament – whether a proceeding for a contravention before a House or Committee of Parliament is a proceeding before an "Australian Court" – whether s 10 of Evidence Act impedes the efficacy of a s 128 certificate.
Legislation: Evidence Act 1995 (Cth) ss 4, 10, 15(2), 128 Parliamentary Privileges Act 1987 (Cth) ss 4, 7
Cases cited: Australian Workers' Union v Registered Organisations Commissioner (No 5) [2019] FCA 188 Lifetime Investments Pty Ltd v Commercial (Worldwide) Financial Services Pty Ltd [2006] FCA 696
Date of hearing: 15 February 2019
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