Case note: A compelling outcome: The High Court Invigorates s 155

Alexander Shepherd

Australian Journal of Competition and Consumer Law

Alexander Shepherd, ‘A compelling outcome: The High Court Invigorates s 155’ (2020) 28 AJCCL 214

‘… This case note considers the High Court's findings in Commonwealth v Helicopter Resources Pty Ltd (Helicopter Resources) as to whether the invocation of statutory investigative powers to compel an employee of a corporate employer to give evidence, where such evidence may be taken as an admission of the corporate employer in criminal proceedings, is inconsistent with Australia's accusatorial system of criminal justice. Further consideration will be given to the consequences of this case in the context of criminal cartel prosecutions, particularly with respect to the implications for s 155 notices issued under the Competition and Consumer Act 2010 (Cth) (CCA). …’