Accessorial liability under the Fair Work Act 2009 (Cth) – Productivity Partners, Predictions, and the Privilege Against Self-Exposure to Civil Penalty [2025]

Accessorial liability under the Fair Work Act 2009 (Cth) – Productivity Partners, Predictions, and the Privilege Against Self-Exposure to Civil Penalty [2025]

Jamie Darams SC and Justin Pen discuss the application of the High Court’s decision in Productivity Partners Pty Ltd v Australian Competition and Consumer Commission [2024] HCA 27 and its potential implications for establishing and defending claims of accessorial liability under the Fair Work Act 2009 (Cth). The role and the reach of the privilege against self-exposure to civil penalty in claims involving accessorial liability will also be discussed.

• 1 CPD Point in Substantive Law