Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Jorgensen v Australian Securities & Investment Commission
[1999] FCA 356 ADMINISTRATIVE LAW – rules of natural justice – right of party affected to be heard – decision of delegate under s 600 of Corporations Law – notice prohibiting person from managing a corporation – applicant served with "show cause" notice – applicant contacted by delegate – applicant submitted written submissions – no oral hearing of the matter by delegate – whether applicant had been afforded "an opportunity of being heard" WORDS AND PHRASES – "an opportunity of being heard" Administrative Decisions (Judicial Review) Act 1977 (Cth) Corporations Law 1989 (Cth) s 600 Australian Securities Commission Act 1989 (Cth) Australian Securities and Investment Commission Act 1989 (Cth) Dwyer v National Companies and Securities Commission (1988) 13 ACLR 716 cited Chen v Minister for Immigration (1994) 48 FCR 591 followed Brettingham-Moore v St Leonards Municipality (1969) 121 CLR 509 mentioned
ALAN BRADLEY JORGENSEN v AUSTRALIAN SECURITIES AND INVESTMENT COMMISSION NO. VG 3413 of 1998 HEEREY J
31 MARCH 1999 MELBOURNE
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY VG 3413 of 1998
BETWEEN: ALAN BRADLEY JORGENSEN
Applicant
AND: AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION
Respondent
JUDGE: HEEREY J
DATE OF ORDER: 31 MARCH 1999
WHERE MADE: MELBOURNE
THE COURT ORDERS THAT:
1. The application will be dismissed with costs, including reserved costs.
Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY VG 3413 of 1998
BETWEEN: ALAN BRADLEY JORGENSEN
Applicant
AND: AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION
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