Australian Securities and Investments Commission v Plymin and Ors

(2002) 4 VR 168; [2002] VSC 56

Supreme Court of Victoria

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Interrogate

Catchwords

1. Practice and Procedure
2. › Privilege
3. › Privilege against exposure to a penalty
4. › Scope of privilege
5. › Whether privilege extends to evidence of non-party witnesses
6. › Whether defendants may be compelled to disclose third-party and expert evidence before close of plaintiff's case
1. Practice and Procedure
2. › Privilege
3. › Privilege against self-incrimination
4. › Relationship with privilege against exposure to a penalty
5. › Scope no narrower than privilege against self-incrimination
1. Corporations
2. › Pecuniary penalty proceedings
3. › Procedure
4. › Whether s 317L of Corporations Act overrides substantive common law privilege
5. › Corporations Act (Cth), s 317L

Quick Take

In pecuniary penalty proceedings, defendants cannot be compelled to disclose evidence from non-party witnesses (including experts) prior to the close of the plaintiff's case, as the privilege against exposure to a penalty extends to all evidence that might directly or derivatively assist in proving the penalty case. Section 317L of the Corporations Act does not override this substantive common law right. Courts may order disclosure of such evidence only at the close of the plaintiff's case.