Recent Cases

Meneses v Directed Electronics OE Pty Ltd [2019] FCAFC 190 (01 November 2019) (Moshinsky, Wheelahan and Abraham JJ)


PRACTICE AND PROCEDURE – discovery – privilege against self-incrimination – privilege against exposure to penalties – search order – where orders made to the general effect that any claims for privilege in respect of documents taken pursuant to the search order could be made in the context of giving discovery – where two of the respondents below (a company and its sole director) made discovery of documents (including those taken pursuant to the search order) and objected to production of documents on the grounds of the privileges – where the company was a one-person company – where production of the documents had a real and appreciable tendency to incriminate the director – whether an order for production of the documents could be made against the company and the director as agent for the company