Australian Competition & Consumer Commission v J McPhee & Son (Australia) Pty Ltd & Ors (No.2) [1997] FCA 1013

Australian Competition & Consumer Commission v J McPhee & Son (Australia) Pty Ltd & Ors (No.2) [1997] FCA 1013

It would be contrary to the absolute privilege against self-incrimination and exposure to a penalty for the court to direct natural person respondents in proceedings for pecuniary penalties to file and serve witness statements prior to trial.

Jurisdiction
Australia
Judgment Date
08 August 1997
Procedural Posture
Application for Pecuniary Penalties Under Trade Practices Act 1974 (cth) / Application for Directions Regarding Witness Statements Prior to Trial
Outcome
Directions for filing and serving witness statements by second to sixth respondents rescinded; costs of motion to be respondents' costs in the cause.
Legal Topics
['privilege Against Self Incrimination' 'privilege Against Exposure to Penalty' 'witness Statements in Penalty Proceedings']
['competition Law' 'practice and Procedure'] ['privilege Against Self Incrimination' 'privilege Against Exposure to Penalty' 'witness Statements in Penalty Proceedings']

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Procedural Posture

Application for Pecuniary Penalties Under Trade Practices Act 1974 (cth) / Application for Directions Regarding Witness Statements Prior to Trial

Legal Issues

  1. 1 ['Whether natural person respondents in proceedings for pecuniary penalties must file and serve witness statements prior to trial' 'Whether privilege against exposure to a penalty precludes direction for witness statements']

Ratio Decidendi

It would be contrary to the absolute privilege against self-incrimination and exposure to a penalty for the court to direct natural person respondents in proceedings for pecuniary penalties to file and serve witness statements prior to trial.

Court Disposition

Directions for filing and serving witness statements by second to sixth respondents rescinded; costs of motion to be respondents' costs in the cause.

Orders

  • ['The directions given on 2 June 1997 for the filing and serving of witness statements by the second to sixth respondent be rescinded.' "The costs of the second to sixth respondent's notice of the motion of 30 July 1997 to be the respondents' costs in the cause."]