In civil penalty proceedings under Part 9.4B of the Corporations Act 2001 (Cth), the McMahon v Gould stay principles must be applied with modification to account for the statutory interrelationship between civil penalty and criminal proceedings. Where criminal proceedings are 'on the cards' (a reasonable possibility), the court should give significant weight to the risk of wasted resources and duplicated proceedings, the punitive rather than compensatory nature of the relief sought, and the fact that both proceedings are brought by the State. The expression 'on the cards' means a reasonable possibility. Section 1331 does not limit the court's discretion under s 1317L.
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