Glass v Australian Prudential Regulation Authority [2003] FCA 1105

FEDERAL COURT OF AUSTRALIA Glass v Australian Prudential Regulation Authority [2003] FCA 1105 SUPERANNUATION – trustee – disqualification from office – statutory functions of regulator – formal disqualification process – alternative of enforceable undertakings offered by former trustees – whether regulator required to consider undertakings before proceeding to consider disqualification – whether failure to take into account relevant or irrelevant considerations – whether confining discretion by rule or policy – claim for interlocutory relief – whether serious question to be tried – balance of convenience – interlocutory claim dismissed. Superannuation Industry (Supervision) Act 1993 s120A, s 262A Elias v Commissioner of Taxation [2002] FCA 845 cited Bullock v Federated Furnishing Trades Society (1985) 5 FCR 464 cited Australian Broadcasting Corporation v Lenah Game Meats Pty Ltd [2001] HCA 63 cited ANTHONY GLASS AND OTHERS v AUSTRALIAN PRUDENTIAL REGULATION AUTHORITY W201 OF 2003 FRENCH J 26 SEPTEMBER 2003 PERTH

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY W 201 OF 2003

BETWEEN: ANTHONY GLASS, TERRENCE KEITH LAWSON

MICHAEL JOHN VAN RENS

APPLICANTS

AND: AUSTRALIAN PRUDENTIAL REGULATION

AUTHORITY

RESPONDENT

JUDGE: FRENCH J

DATE OF ORDER: 26 SEPTEMBER 2003

WHERE MADE: PERTH

THE COURT ORDERS THAT: 1. The claim for interlocutory relief is dismissed. 2. The applicants are to pay the respondent's costs of the claim for interlocutory relief. 3. The application is set down for directions on Thursday, 2 October at 10 am. 4. Liberty to apply. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY W 201 OF 2003

BETWEEN: ANTHONY GLASS, TERRENCE KEITH LAWSON