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Negotiating the third way: developing effective process in civil penalty litigation

Spender, Peta


Civil penalties are a productof regulatory law and they fit uneasily within the civil-criminal procedural divide. Disputes about procedure in civil penalty litigation are frequently resolved by resort to criminal rather than civil analytical frameworks, due to conflation of the privilege against exposure to a penalty with the privelege against self-incrimination. Two recent cases, Macdonald v Australian Securities and Investments Commission [2007] NSWCA 304 and Australian Securities and...[Show more]

CollectionsANU Research Publications
Date published: 2008
Type: Journal article
Source: Company and Securities Law Journal 26 (2008): 249-258


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