Template as follows:
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To:
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ABCC Lawyer: |
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Telephone: |
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Email: |
@abcc.gov.au |
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Date: |
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State: |
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Cc: |
Chief Counsel; Executive Director Legal [insert State/Territory]); State Director Legal ([insert State/Territory]); ABC Inspector [insert name] |
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Subject: |
[insert investigation no and reference name] |
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Summary of Counsel’s advice
A. [insert name] of Counsel has advised that there are reasonable grounds for commencing proceedings against [insert alleged wrongdoer] for the following contraventions:
a) of the BCII Act;
b) of the FW Act;
c) of the WR Act.
B. Counsel is also of the opinion that there are reasonable grounds for commencing proceedings against [insert alleged wrongdoer] for the conduct of [insert alleged wrongdoer] pursuant to [insert deeming provision] of the [insert relevant act] Act.
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Introduction
1. The Litigation Advisory Committee (LAC) is asked to consider whether this matter is appropriate to proceed to litigation.
Proposed Respondents
2. The proposed respondents are:
a) [insert name of individual respondent] (Proposed Respondent).
b) [insert name of company respondent].
Background
3. On or around [insert date],ABC Inspectors commenced an investigation into allegations that [insert allegations].
4. A summary of the relevant events are as follows:
a) On [date], [insert as appropriate].
ABCC Litigation Policy
5. The following matters have been considered in accordance with the ABCC’s Litigation Policy.
Sufficient evidence
6. Key evidence obtained by ABC Inspectors that supports the allegations outlined above includes [insert as relevant only]:
a) [insert relevant documents], which were obtained voluntarily from [insert relevant documents];
b) [insert relevant documents]obtained under section 59, BCII Act.
c) [insert relevant documents] obtained under section 720, FW Act.
d) [insert relevant documents or examination transcripts] obtained under section 52, BCII Act.
7. [insert name]declined to be interviewed by the ABCC.
8. Counsel’s prospects advice and chronology of events dated [insert date] is attached for the LAC’s consideration.
9. The primary sources of evidence Counsel considered in reaching the conclusion that there are reasonable grounds to commence litigation [is/are]:
(a)
10. Based on this information Counsel is of the view that sufficient evidence exists.
Public Interest Considerations
11. It is considered that commencing civil proceedings is in the public interest as:
(a) [insert as appropriate]
Conduct of matter
12. Should this matter proceed to litigation, this matter is [able/not able] to be conducted in-house because it falls within one of the following categories for which the ABCC has a current exemption:
(a) civil penalty litigation conducted in courts (other than courts of superior jurisdiction).
(b) intervention in court proceedings under s 71 of the BCII Act.
(c) litigation that is largely uncontested, including hearings on penalties on the basis of agreed facts.
(d) litigation involving challenges to the ABCC’s powers.
(e) litigation concerning subpoenas and Freedom of Information (FOI) application received by the ABCC.
13. I [do/do not] recommend that the matter be conducted in-house taking into account the considerations set out in the following paragraph.
14. Decisions to conduct litigation in-house are required to be made only after considering the following issues (for each of which comments are also included):
(a) Other responsibilities and workloads of lawyers within the ABCC - [add comments].
(b) The availability of the relevant lawyer and their relative expertise- [add comments].
(c) The likelihood that this matter will be contested - [add comments]..
15. If the matter is run in-house, there will be significant cost savings to the ABCC.
Additional considerations
16. [insert additional considerations if relevant]
Recommendation
17. I recommend that [insert as appropriate].
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………………………………………………
[Name of ABC Inspector]
[Position]
Office of the Australian Building and Construction Commissioner
Direct:
Fax:
Email: @abcc.gov.au |
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[Name of ABCC lawyer]
[Position]
Office of the Australian Building and Construction Commissioner
Direct:
Fax:
Email: @abcc.gov.au |