Australian Securities & Investments Commission v Corporate Inspirations Pty Ltd & Anor [1998] FCA 1041

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NG 3122 of 1998

BETWEEN: AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION

Applicant

AND: CORPORATE INSPIRATIONS PTY LIMITED

(ACN 080 808 831)

First Respondent

PETER CLARKE

Second Respondent

JUDGE: EMMETT J

DATE: 9 JULY 1998

PLACE: SYDNEY

the court orders that:

1. The first respondent and the second respondent, by themselves, their servants or agents, be restrained from causing to be published, in connection with the business conducted by the first respondent, an advertisement in the form, or substantially in the form, of annexure "A" to these orders ("the Advertisement"). 2. The first respondent and the second respondent, by themselves, their servants or agents, be restrained from publishing a notice that refers or calls attention, whether directly or indirectly, to any invitation to lend money to, deposit money with or make any investment in connection with the business conducted by the first respondent, unless: (a) The offers or invitations are excluded invitations as defind by provisions of the Corporations Law, a copy of which provisions is annexure "B" of these orders; or (b) A current prospectus has been registered by the Australian Securities and Investments Commission. 3. The first respondent and the second respondent, by themselves, their servants or agents, e restrained from accepting monies from any person pursuant to an advertisement in the form, or substantially in the form, of the Advertisement, published prior to these orders. 4. The first respondent and the second respondent each, by 4.00pm Friday 17 July 1998, comply with the respective Notices for Production of documents served upon those parties by the Applicant on 29 June 1998, copies of which are at annexure "C" and annexure "D" of these order, respectively. 5. No order be made as to costs. 6. There be liberty to apply. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.