Corporations beware! The High Court delivers - Contempt 101

The High Court's 17 June 2015 decision in Construction, Forestry, Mining and Energy Union v Boral Resources (Vic) Pty Ltd¹ (CFMEU v Boral) serves as a timely warning to corporations not to breach the terms of injunctions or orders made against them in civil proceedings. Breaching such terms may result in contempt proceedings being initiated by another party to civil proceedings.

In such circumstances, a court may compel the corporate respondent to give discovery of documents, howsoever incriminating, without the corporation being able to rely upon protections afforded to natural persons who are similarly charged and who can rely on the privilege against self-incrimination and self-exposure to penalty as a basis to resist discovery and giving evidence.