Rich v Australian Securities and Investments Commission

Practice and procedure – Discovery - Privileges against exposure to penalties and forfeitures - Proceedings brought by Australian Securities and Investments Commission seeking declarations of contravention under the Corporations Act 2001 (Cth), s 1317E, compensation orders pursuant to the Corporations Act 2001, s 1317H and orders pursuant to the Corporations Act 2001, ss 206C and 206E disqualifying each defendant from managing corporations - Rules of evidence and procedure for civil matters to apply - Where defendant ordered to make discovery - Where disqualification described as "civil penalty provision" by the Corporations Act 2001 - Whether exposure to disqualification order is exposure to a penalty - Whether order is "punitive" or "protective" and whether this classification is useful - Whether order for discovery should have been made.

Statutes – Interpretation - Construction of Corporations Act 2001 - Provision for disqualification of company officers from managing corporations in the future - Disqualification contained in "civil penalty provisions" of the Corporations Act 2001 - Whether exposure to disqualification order is exposure to a penalty for purposes of the penalty privilege - Whether order for discovery should have been made.

Words and phrases – "penalty", "civil penalty provision", "punitive", "protective".

Corporations Act 2001 (Cth) – ss 180(1), 206C, 206E, 1317E, 1317H, 1317L.