Anderson & Ors v Australian Securities and Investments Commission

[2012] QCA 301

Queensland Court of Appeal

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For Australian Law.

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Interrogate

Catchwords

1. Practice and Procedure
2. › Pleading
3. › Defence
4. › Civil penalty proceedings
5. › Privilege against self-incrimination and exposure to penalty
6. › Whether pleading rules must be modified to protect privilege
7. › Extent of necessary modification
8. › Uniform Civil Procedure Rules 1999 (Qld), rr 149, 150, 157, 165, 166, 167
1. Evidence
2. › Privilege
3. › Privilege against self-incrimination
4. › Privilege against exposure to penalty
5. › Application in civil penalty proceedings
6. › Whether privilege extends to all allegations in statement of claim
7. › Whether pleading regime may indirectly erode privilege
8. › Corporations Act 2001 (Cth), ss 1317E, 1317G, 1317L
1. Corporations
2. › Civil penalty provisions
3. › Proceedings for pecuniary penalties
4. › Procedure
5. › Rules of evidence and procedure for civil matters
6. › Whether pleading rules must yield to privilege
7. › Corporations Act 2001 (Cth), ss 209, 601FC, 601FD, 1317E, 1317G, 1317L

Quick Take

In civil penalty proceedings under the Corporations Act in Queensland, defendants must be relieved from compliance with UCPR rr 149(1)(b), (c), 150, 157, 165 and 166 to preserve the privileges against self-incrimination and exposure to a penalty. Defences need only state whether each allegation is admitted, not admitted or denied, and give notice of any statutory defence, without the constraints on non-admissions and denials imposed by those rules. Defendants should be given leave to amend their defences after the plaintiff closes its case.