Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Elliot v Australian Prudential Regulation Authority [2004] FCA 586
ADMINISTRATIVE LAW – superannuation – regulation of trust funds – investigation of irregularities – decision as to possible criminal charges not yet made – regulator invited accountants to show cause why they should not be disqualified – whether right to silence justified injunction to stay administrative process – whether real prospect of substantial prejudice Superannuation Industry (Supervision) Act 1993 (Cth) ss 85, 120A(1), 121, 131, 131A, 196, 202(1), 307 McMahon v Gould (1982) 7 ACLR 202 applied Baker v Commissioner of Federal Police [2000] FCA 1339 (2000) 104 FCR 359 referred to Cameron's Unit Services Pty Ltd v Kevin R Whelpton & Associates (Australia) Pty Ltd (1984) 4 FCR 428 referred to Golden City Car & Truck Centre Pty Ltd v Deputy Commissioner of Taxation [1999] FCA 922 (1999) 42 ATR 379 referred to Hurley v Commissioner of Taxation (1992) 37 FCR 11 discussed Reid v Howard (1995) 184 CLR 1 referred to Competition & Consumer Commission v FFE Building Services Ltd [2003] FCAFC 132 distinguished ROBERT FRANCE ELLIOT, PAUL JAMES HULLIN AND MELVA PHYLLIS BLACKLEY v AUSTRALIAN PRUDENTIAL REGULATION AUTHORITY V 446 of 2004 GRAY J 23 APRIL 2004 MELBOURNE
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY V 446 of 2004
BETWEEN: ROBERT FRANCE ELLIOT
FIRST APPLICANT
PAUL JAMES HULLIN
SECOND APPLICANT
MELVA PHYLLIS BLACKLEY
THIRD APPLICANT
AND: AUSTRALIAN PRUDENTIAL REGULATION AUTHORITY
RESPONDENT
JUDGE: GRAY J
DATE OF ORDER: 23 APRIL 2004
WHERE MADE: MELBOURNE
THE COURT ORDERS THAT: 1. The application for interlocutory orders be dismissed. 2. The applicants pay the respondent's costs of the application for interlocutory orders, including the costs reserved by the order of Weinberg J made on 7 April 2004. 3. The proceeding be adjourned to a directions hearing on a date to be fixed by the docket judge. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
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