The [name withheld] v [name withheld] balancing exercise applies to applications to stay civil penalty proceedings pending foreign criminal proceedings. Section 1317N of the Corporations Act 2001 (Cth) does not apply to foreign criminal proceedings. Practical compulsion on a defendant to reveal their defence in civil proceedings is a recognised form of compulsion relevant to the balancing exercise, but it does not confer an absolute right to a stay. The interests of co-defendants in having serious allegations of dishonesty resolved, the degradation of evidence from delay, and the public interest in timely resolution of civil penalty proceedings may outweigh the prejudice to the defendant's privilege against self-incrimination.
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