Chardon v Bradley

[2017] QCA 314

Queensland Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Pleading
3. › Defence
4. › Privilege against self-incrimination
5. › Dispensation from pleading rules
6. › Whether positive case could be pleaded without risk of self-incrimination
7. › Whether pleading rules must give way to privilege
8. › Uniform Civil Procedure Rules 1999 (Qld), rr 149, 150, 157, 165, 166
1. Evidence
2. › Privilege
3. › Privilege against self-incrimination
4. › Standard for establishing claim of privilege
5. › Whether risk of incrimination real and not tenuous or illusory
6. › Indirect use of statements setting in train process leading to incrimination
7. › Evidence Act 1977 (Qld), s 10

Quick Take

Practitioners acting for defendants in civil proceedings arising from criminal conduct should note that the privilege against self-incrimination can relieve a defendant from UCPR pleading requirements where pleading a positive case would expose the defendant to a real risk of further criminal prosecution, but the court will impose safeguards to prevent oppression of the opposing party.