Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Catena v Australian Securities and Investments Commission [2011] FCAFC 32 Citation: Catena v Australian Securities and Investments Commission [2011] FCAFC 32
Appeal from: Catena v Australian Securities and Investments Commission (No 2) [2010] FCA 865
Parties: ROBERT GERALD CATENA v AUSTRALIAN SECURITIES AND INVESTMENT COMMISSION
File number: WAD 238 of 2010
Judges: NORTH, MCKERRACHER, JAGOT JJ
Date of judgment: 11 March 2011
Catchwords: CORPORATIONS - contravention of insider trading provisions of the Corporations Act 2001 (Cth) - whether Administrative Appeals Tribunal applied correct test in determining whether information was "inside information" as defined in ss 1042A and 1042C - whether open to Tribunal to conclude on the evidence that information was not "generally available" within the meaning of s 1042C - whether Tribunal misstated onus of showing that information was "generally available"
Legislation: Administrative Appeals Tribunal Act 1975 (Cth) Corporations Act 2001 (Cth)
Cases cited: Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321 Briginshaw v Briginshaw (1938) 60 CLR 336 Catena v Australian Securities and Investment Commission (No 2) [2010] FCA 865 McDonald v Director-General of Social Security (1984) 1 FCR 354 YFFM v Australian Securities and Investment Commission [2010] AATA 340
Date of hearing: 23 February 2011
Place: Perth
Division: GENERAL DIVISION
Category: Catchwords
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