The ACCC’s Criminal Prosecution Powers – Lessons from a Recent High-Profile Case

Leon Zwier, Partner at Arnold Bloch Leibler, spoke at a seminar on 10 June 2009 about his involvement in the ACCC's prosecution of the late Richard Pratt.

In this seminar, Leon Zwier discussed the legal implications arising from the ACCC’s criminal prosecution of the late Richard Pratt, including: problems with the ACCC immunity policy; the use of section 155 of the Trade Practices Act 1974 (Cth) for non-investigative purposes; the ACCC’s decision to commence the criminal prosecution; double jeopardy; the prosecutorial duty of fairness; the prosecutorial disclosure obligations; the legal status of a section 191 statement (agreed statement of facts) and the ACCC’s use of such a statement in this case; Justice Ryan of the Federal Court of Australia's ruling on the admissibility of the section 191 statement; lessons to be learned in negotiating settlements with the ACCC; and the use of media in high-profile legal disputes.

WCLRG is a research concentration in the Department of Business Law & Taxation at Monash University. It has been in operation since March 2008, having previously operated as the Corporate Law and Accountability Research Group (CLARG). Further details are available at: www.buseco.monash.edu.au/blt/wclrg/; or contact WCLRG’s Director,
Associate Professor Anthony Forsyth, at Anthony.Forsyth@buseco.monash.edu.au.