Australian Workers' Union v Registered Organisations Commissioner (No 5) [2019] FCA 188

Australian Workers' Union v Registered Organisations Commissioner (No 5) [2019] FCA 188

The interests of justice require Mr De Garis to give the evidence, as it is not insignificant or irrelevant to the issues in the proceeding and may be important to their resolution. The protections afforded by a s 128 certificate mitigate the abrogation of privilege against self-incrimination.

Jurisdiction
Australia
Judgment Date
12 February 2019
Procedural Posture
Application / Interlocutory Ruling on S 128 Evidence Act Objection
Outcome
Witness required to give evidence over objection
Legal Topics
['privilege Against Self Incrimination' 'interests of Justice Under S 128 Evidence Act']
['evidence Law' 'employment Law'] ['privilege Against Self Incrimination' 'interests of Justice Under S 128 Evidence Act']

Case Brief

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Procedural Posture

Application / Interlocutory Ruling on S 128 Evidence Act Objection

Legal Issues

  1. 1 ['Whether the interests of justice require a witness to give evidence over objection based on privilege against self-incrimination under s 128 of the Evidence Act 1995 (Cth)']

Ratio Decidendi

The interests of justice require Mr De Garis to give the evidence, as it is not insignificant or irrelevant to the issues in the proceeding and may be important to their resolution. The protections afforded by a s 128 certificate mitigate the abrogation of privilege against self-incrimination.

Court Disposition

Witness required to give evidence over objection

Orders

  • ['Mr De Garis is required to answer the question to which objection was taken, pursuant to s 128(4) Evidence Act']