Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Culley v Australian Securities and Investments Commission [2010] FCAFC 43 Citation: Culley v Australian Securities and Investments Commission [2010] FCAFC 43
Appeal from: Culley v Australian Securities and Investments Commissioner [2008] FCA 1208
Parties: BRIAN MALCOLM CULLEY v AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION
File number(s): VID 924 of 2009
Judges: RYAN, MANSFIELD AND MCKERRACHER JJ
Date of judgment: 19 May 2010
Catchwords: ADMINISTRATIVE LAW – appeal under s 44 of the AAT Act – requirements of s 44 ADMINISTRATIVE LAW – appeal under s 44 of the AAT Act – ground raised for first time in the Federal Court – whether Court ought entertain such a ground. ADMINISTRATIVE LAW – appeal under s 44 of the AAT Act – discretionary relief – whether declaratory and consequential relief "appropriate". CORPORATIONS LAW – Corporations Act 2001 (Cth), s 206F – requirement of timeliness – whether free-standing requirement imposed by law – discretionary factors going to exercise of power.
Legislation: Corporations Act 2001 (Cth), s 206F Administrative Appeals Tribunal Act 1975 (Cth), s 44 Federal Court of Australia Act 1976 (Cth), s 24 Administrative Decisions (Judicial Review) Act 1977 (Cth), s 5
Cases cited: AMS v AIF (1999) 199 CLR 160 Birdseye v Australian Securities and Investments Commission (2003) 76 ALD 321 Culley v ASIC [2009] FCA 120 Culley v Australian Securities and Investments Commission [2008] AATA 58 Federal Commissioner of Taxation v Raptis (1989) 19 ALD 726 Ferriday v Repatriation Commission (1996) 69 FCR 521 Federal Commissioner of Taxation v Glennan (1999) 90 FCR 53 Halliday v Commissioner of Corporate Affairs (14 May 1990, Supreme Court of Victoria, O'Bryan J, unreported) House v The King (1936) 55 CLR 499 Hussain v Minister for Foreign Affairs (2008) 169 FCR 241 Kardas v Australian Securities Commission (1998) 29 ACSR 304 Kuswardana v Minister for Immigration and Ethnic Affairs (1981) 54 FLR 334 MacDonald v Secretary, Department of Family, Health, Community Services and Indigenous Affairs (2009) 180 FCR 378 Minister for Aboriginal Affairs v Peko-Wallsend (1986) 162 CLR 24 Minister for Immigration and Ethnic Affairs v Gungor (1982) 63 FLR 441 Murdaca v Australian Securities and Investments Commission (2009) 178 FCR 119 Re Refugee Tribunal; Ex parte Aala (2000) 204 CLR 8 Repatriation Commission v Owens (1996) 70 ALJR 904 Repatriation Commission v Warren (2008) 167 FCR 511 Secretary, Department of Social Security v Cooper (1990) 26 FCR 13 Thompson v Judge Byrne (1999) 196 CLR 141 Visnic v Australian Securities and Investments Commission (2007) 231 CLR 381 Water Board v Moustakas (1988) 180 CLR 491
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