Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Callychurn v Australian Securities and Investments Commission [2017] FCAFC 137 Appeal from: Callychurn v Australian Securities and Investments Commission [2017] FCA 29
File number: VID 122 of 2017
Judges: RARES, COLLIER AND O'CALLAGHAN JJ
Date of judgment: 1 September 2017
Catchwords: ADMINISTRATIVE LAW – appeal from primary judge's dismissal of an appeal from a decision of the Administrative Appeals Tribunal to vary a decision of the Australian Securities and Investments Commission ("ASIC") to make a banning order under s 80(1) of the National Consumer Credit Protection Act 2009 (Cth) ("Credit Act") – whether first appellant contravened s 225 of the Credit Act in lodging compliance certificates with ASIC – whether ASIC had reason to believe that the first appellant was likely to contravene the Credit Act in the future – whether ASIC had reason to believe that the first appellant was not a fit and proper person to engage in credit activities
Legislation: Legal Profession Act 2004 (Vic) (reprint no. 35, consolidated to 30 March 2011), ss 1.2.4(2)(b), 2.2.6, 2.2.7 National Consumer Credit Protection Act 2009 (Cth), ss 53, 80(1)(d), (e), (f), 216, 225(1), (2), (5)
Cases cited: Frugtniet v Law Institute of Victoria Ltd [2012] VSCA 178 John McGrath Motors (Canberra) Pty Ltd v Applebee (1964) 110 CLR 656 Krakowski v Eurolynx Properties Ltd (1995) 183 CLR 563 Melbourne Steamship Co Ltd v Moorehead (1912) 15 CLR 333 R v Kylsant [1932] 1 KB 442
Date of hearing: 22 August 2017
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