Tarrant v Australian Securities and Investments Commission [2015] FCAFC 8

FEDERAL COURT OF AUSTRALIA

Tarrant v Australian Securities and Investments Commission [2015] FCAFC 8 Citation: Tarrant v Australian Securities and Investments Commission [2015] FCAFC 8

Appeal from: Tarrant and Australian Securities and Investments Commission [2013] AATA 926

Parties: MERVYN ROSS TARRANT v AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION

File number: NSD 37 of 2014

Judges: RARES, YATES AND GRIFFITHS JJ

Date of judgment: 6 February 2015

Catchwords: ADMINISTRATIVE LAW – appeal from decision of Administrative Appeals Tribunal (AAT) banning applicant from providing financial services – whether AAT applied the wrong test in determining sanction – application of Briginshaw standard – whether AAT gave proper weight to evidence or made findings of fact not open on the evidence – whether AAT took into account irrelevant considerations – whether procedural unfairness – whether apprehended bias. CORPORATIONS – breaches of Corporations Act 2001 (Cth) in applicant's provision of advice to clients and non-compliance with financial services laws. PRACTICE AND PROCEDURE – objection to competency – whether AAT erred by denying adjournment requests – duty on ASIC to act as model litigant.

Legislation: Administrative Appeals Tribunal Act 1975 (Cth) ss 25(4A), 33, 39, 40, 42A(5), 43, 44 Australian Securities and Investments Commission Act 2001 (Cth) s 1(2) Bill of Rights 1688 (UK) art 9 Corporations Act 2001 (Cth) ss 50AAA, 920A, 945A, 947B, 947C, 1041E, 1041H Evidence Act 1995 (Cth) s 136 Judiciary Act 1903 (Cth) s 55ZG Parliamentary Privileges Act 1987 (Cth) s 16