Construction, Forestry, Mining and Energy Union v Australian Competition and Consumer Commission

(2016) 242 FCR 153; [2016] FCAFC 97

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Interrogate

Catchwords

1. application for leave to appeal from interlocutory judgment of primary judge
1. proceeding before primary judge involved allegations of contravention by applicants of Competition and Consumer Act 2010 (Cth) and Australian Consumer Law (Cth)
1. criminal proceedings commenced against natural person applicants
1. application by applicants to primary judge for stay of civil proceeding until conclusion of criminal proceeding

Quick Take

A stay of civil proceedings pending criminal proceedings requires evidence establishing that the accused would likely give evidence in the civil proceeding but for the risk of prejudice to the criminal proceeding; the mere possibility of giving evidence is insufficient to establish an 'invidious choice'.