Federal Court of Australia
Federal Court of Australia
Australian Building and Construction Commissioner v O'Halloran [2020] FCA 1291 File number(s): QUD 222 of 2019
Judgment of: COLLIER J
Date of judgment: 7 September 2020
Catchwords: PRACTICE AND PROCEDURE – civil penalty proceedings – claim of privilege against self-exposure to penalty – whether at conclusion of applicant's case individual respondents entitled to waive privilege and advance positive defence – whether principles articulated in Australian Securities and Investments Commission v Mining Projects Group Ltd (2007) 164 FCR 32 good law – whether Federal Court Rules 2011 (Cth) or Part VB of the Federal Court of Australia Act 1976 (Cth) abrogated privilege against self-exposure to penalty.
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