In this pivotal episode of P.I. Case Note, personal injury lawyer Michelle Wright explores the Queensland Supreme Court’s nuanced decision in Recycling Developments Pty Ltd v Bespoke Recycling Industries Pty Ltd [2025] QSC 168, delivered by Justice Dalton on 19 December 2025. This case provides critical guidance on the privilege against self-incrimination in civil proceedings, particularly when defendants face potential criminal prosecution for serious offences, including fraud, environmental violations, and breaches carrying penalties of up to 20 years imprisonment.
The Court’s comprehensive analysis demonstrates the careful balance required between protecting the privilege against self-incrimination in civil proceedings and preventing defendants from using this privilege to completely avoid their pleading obligations. Justice Dalton granted partial dispensation from the Uniform Civil Procedure Rules 1999 (Qld), allowing Bespoke to plead admit, not admit, or deny to four specific paragraphs without providing explanations that might incriminate its sole director. The decision establishes that while the threshold for establishing risk of self-incrimination is low—requiring only a “real or appreciable risk”—dispensation should be limited to what is necessary to protect the privilege. Notably, the Court rejected arguments that previous voluntary disclosure of documents waived the privilege, distinguishing between earlier pleadings that didn’t allege dishonesty and the current allegations of fraudulent conduct.
Listen for Michelle Wright’s expert analysis of how privilege against self-incrimination in civil proceedings affects personal injury litigation, particularly in cases involving workplace safety breaches or motor vehicle accidents where criminal charges may follow. If you’re facing other complex legal claims where civil and criminal proceedings may intersect, the experienced team at accident legal understands these delicate situations. With over 30 years of experience across Queensland, our lawyers know how to navigate parallel proceedings while protecting your rights. Contact us for a confidential consultation on (07) 3740 0200—we’ll ensure your civil claim proceeds effectively while safeguarding against potential criminal implications.
