Jones v Dunkel inferences are available in civil penalty proceedings under the Corporations Act; the failure of a director to give evidence may found an inference that the evidence would not have assisted them. Rules of prosecutorial fairness (including the obligation to call material witnesses) do not apply in such proceedings. Compensation under s 1317H requires proof of factual causation — analogy with equitable claims against defaulting fiduciaries is rejected. Loss from deprivation of use of money must be proved by evidence of what the company would have done with the funds, not presumed by fiduciary analogy. For accessorial liability under s 209(2), knowledge of the facts constituting the absence of arm's length terms suffices; actual knowledge that the terms were not arm's length is not required. Disqualification orders under ss 206C and 206E cannot be confined to particular classes of corporations; selective relief is available only through the leave mechanism in s 206G.
The full text is available to signed-in members, including the 160 later cases that cite this judgment.
17 of the 160 citing cases carry a classified treatment. How each court treated it is available to signed-in members.