The High Court of Australia in Commonwealth of Australia v Director, Fair Work Building Industry Inspectorate; Construction, Forestry, Mining and Energy Union v Director, Fair Work Building Industry Inspectorate has unanimously held that Barbaro v The Queen does not apply to civil penalty proceedings and a court is not precluded from receiving and, if appropriate, accepting an agreed or other civil penalty submission.
The High Court’s decision, which overturns a ruling by the Full Court of the Federal Court of Australia, is an emphatic endorsement of the longstanding practice in civil penalty proceedings of parties making joint submissions to the court as to the terms and quantum of the penalty that should be imposed on the wrongdoer and the court imposing the agreed penalty if it considers it to be appropriate in the circumstances. Read further about the case here.
