Australian Securities & Investments Commission v Matthews [1999] FCA 706

FEDERAL COURT OF AUSTRALIA

Australian Securities & Investments Commission v Matthews [1999] FCA 706 PRACTICE AND PROCEDURE – motion that contempt charge be heard by Judge and jury – trial by Judge alone the usual procedure – jury trial refused Federal Court of Australia Act 1976 (Cth), ss 4, 5(2), 31, 39, 40, 41 Federal Court Rules, O 31 r 1, O 40 rr 5, 6 Corporations Law, ss 781, 1324(4) High Court Procedure Act 1903 (Cth), ss 12, 13 High Court of Australia Act 1979 (Cth), s 3 High Court Rules, O 36 rr 3, 5 Judiciary Act 1903 (Cth), s 24 Mansell v Cumming (1989) 86 ALR 637, cited McDermott v Collien (1953) 87 CLR 154, followed Witham v Holloway (1995) 183 CLR 525, followed Pelechowski v Registrar, Court of Appeal (1998) 72 ALJR 711, cited Microsoft Corporation v Marks (1996) 69 FCR 117, referred to Director of Public Prosecutions v Australian Broadcasting Corporation (1986) 7 NSWLR 588, referred to Broken Hill Proprietary Company Ltd v Dagi [1996] 2 VR 117, cited Registrar of Court of Appeal v Willesee [1984] 2 NSWLR 378, referred to Deputy Commissioner of Taxation v Hickey [1999] FCA 259, cited Forestview Nominees Pty Ltd v Perron Investments Pty Ltd [1999] FCA 405, cited Australian Competition and Consumer Commission v Goldstar Corporation Pty Ltd [1999] FCA 585, cited Clarkson v The Mandarin Club Limited, unreported, Burchett J, 23 December 1998, cited

AUSTRALIAN SECURITIES & INVESTMENTS COMMISSION v STEPHEN LEWIS MATTHEWS N 3017 OF 1999 JUDGE: SACKVILLE J DATE: 27 MAY 1999 PLACE: SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 3017 OF 1999

BETWEEN: AUSTRALIAN SECURITIES & INVESTMENTS COMMISSION

Applicant

AND: STEPHEN LEWIS MATTHEWS

Respondent

JUDGE: SACKVILLE J

DATE OF ORDER: 27 MAY 1999