Where concurrent civil penalty proceedings are on foot alleging the same conduct as civil compensation proceedings, the defendants who are common to both proceedings are entitled in limine to rely on penalty privilege when pleading their defences in the non-penalty proceedings, without needing to establish the privilege on a plea-by-plea basis. Sole-director companies may also be entitled to the same relief where compliance with pleading rules would necessarily require the sole director to tend to incriminate himself or expose himself to penalty. The existence of concurrent civil penalty proceedings constitutes 'exceptional circumstances' within the meaning of Refrigerated Express Lines v Australian Meat and Livestock Corp.
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