ASIC v Managed Investments Ltd and Ors No.3

(2012) 88 ACSR 139; [2012] QSC 74

Supreme Court of Queensland

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Interrogate

Catchwords

1. Practice and Procedure
2. › Pleading
3. › Defence
4. › Denials and non-admissions
5. › Interaction with penalty privilege
6. › Whether privilege provides blanket dispensation from pleading rules
7. › Uniform Civil Procedure Rules 1999 (Qld), rr 165, 166, 171
1. Practice and Procedure
2. › Privilege
3. › Penalty privilege
4. › Self-incrimination and exposure to penalties
5. › Scope of privilege in civil penalty proceedings
6. › Whether privilege extends to concealment of issues by refusing to plead denials
7. › Whether privilege permits false denials of matters known to be true
1. Corporations
2. › Civil penalties
3. › Pleading in civil penalty proceedings
4. › Interaction between penalty privilege and pleading rules
5. › Corporations Act 2001 (Cth), ss 1317S, 1318

Quick Take

In civil penalty proceedings in Queensland, penalty privilege relieves a defendant only from the obligation to admit allegations material to the penalty claim (and from deemed admissions under r 166(1)). It does not entitle a defendant to refuse to plead denials or non-admissions, nor to plead false denials of matters known to be true. The privilege does not extend to concealing the issues from the plaintiff. ASIC's proposed distinction between 'central' and 'peripheral' allegations is not a valid basis for limiting the privilege.