A finding that a person contravened s 285 of the Industrial Relations Act 2016 (Qld) by taking adverse action because another person exercised a workplace right does not equate to a finding of dishonesty for the purposes of s 408C of the Criminal Code; the two proceedings involve substantially different issues. ASIC v HLP Financial Planning does not establish a strict rule requiring civil proceedings to be stayed where criminal proceedings are pending; it was confined to the question of making final declarations about the same contraventions that could result in criminal prosecution. Where civil proceedings are at an advanced stage and criminal proceedings are years away, the balance of convenience will generally favour refusal of a stay.
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