How are penalties determined and calculated?

In Mason v Harrington Corporation Pty Ltd [2007] FMCA 7, Federal Magistrate Mowbray listed factors that had been taken into consideration by the Federal Court in several different underpayment matters in determining a penalty. These included:

  • the nature and extent of the conduct
  • the nature and extent of any loss or damage
  • whether there had been similar previous conduct by the respondent
  • whether the breaches were properly distinct or arose out of one course of conduct
  • the deliberateness of the breaches
  • the extent to which senior management was involved in the breach
  • the corporation’s contrition, corrective action and cooperation with enforcement authorities
  • general deterrence.
“The content of this publication is for reference purposes only. It is current at the date of publication. This content does not constitute legal advice and should not be relied upon as such. Legal advice about your specific circumstances should always be obtained before taking any action based on this publication.”
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