Medical Defence Association of Western Australia Inc v Australian Securities & Investments Commission [2005] FCA 80

FEDERAL COURT OF AUSTRALIA

Medical Defence Association of Western Australia Inc v Australian Securities & Investments Commission [2005] FCA 80

COSTS – Federal Court of Australia Act 1976 (Cth) – s 43 – costs ordinarily follow the event - award of costs a matter of discretion for the Court – original application did not properly invoke the jurisdiction of the Court – failure to amend application despite notice from the respondent

Corporations Act 2001 (Cth), s 601BC Federal Court of Australia Act 1976 (Cth), s 43

Cretazzo v Lombardi (1975) 13 SASR 4 Cummings v Lewis (1993) 41 FCR 559 Dr Martens Australia Pty Ltd v Figgins Holdings Pty Ltd (No 2) [2000] FCA 602 Re Wilcox; Ex parte Venture Industries Pty Ltd (No 2) (1997) 72 FCR 151 MEDICAL DEFENCE ASSOCIATION OF WESTERN AUSTRALIA INC v AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION N 1217 OF 2004 STONE J 14 FEBRUARY 2005 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 1217 OF 2004

BETWEEN: MEDICAL DEFENCE ASSOCIATION OF WESTERN AUSTRALIA INC

APPLICANT

AND: AUSTRALIAN SECURITIES & INVESTMENTS COMMISSION

RESPONDENT

JUDGE: STONE J

DATE OF ORDER: 14 FEBRUARY 2005

WHERE MADE: SYDNEY

THE COURT DECLARES THAT: 1. On the proper construction of section 601BC of the Corporations Act 2001 (Cth), evidence by the applicant, a body incorporated under the Associations Incorporation Act 1987 (WA), of consent of its members in accordance with sub-section 601BC(8)(f) of the Corporations Act 2001, is evidence under the law of the applicant's place of origin that the transfer of the Applicant's incorporation to the Corporations Act 2001 is authorised pursuant to sub-section 601BC(8)(d) of the Corporations Act 2001.

THE COURT ORDERS THAT: 2. The applicant pay the respondent's costs incurred up to and including 2 November 2004 and thereafter the respondent pay the applicant's costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.