Churche v Australian Securities and Investments Commission (No.2)[2006] FCA 923

FEDERAL COURT OF AUSTRALIA

Churche v Australian Securities and Investments Commission (No. 2) [2006] FCA 923 ADMINISTRATIVE LAW – whether a decision to which the Administrative Decisions (Judicial Review) Act applies (to make transcripts of s 19 examinations available to APRA) is excluded from the operation of s 13 by reason of s 13(11)(c) as a decision relating to the administration of criminal justice. Held: the respondent's decision was not a decision relating to the administration of criminal justice within Schedule 2 paragraph (e) to the Act Australian Securities and Investments Commission Act 2001 (Cth) s 19 Administrative Decisions (Judicial Review) Act 1977 (Cth) ss 3(1), 5, 13, Schedule 2(e) Insurance Act 1973 (Cth) Criminal Code Act 1995 (Cth) Crimes Act 1914 (Cth)

Australian Securities Commission v Somerville (1994) 51 FCR 38 Federal Commissioner of Taxation v Nestle Australia Limited (1986) 12 FCR 257 Mostyn v Deputy Federal Commissioner of Taxation (1986) 86 ATC 4930 Hatfield v Health Insurance Commission (1987) 15 FCR 487 Jones v Dunkel (1959) 101 CLR 298 West v Government Insurance Office of New South Wales (1981) 148 CLR 62 WARWICK JAMES CHURCHE v AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION NSD 866 OF 2006 GRAHAM J 20 JULY 2006 SYDNEY IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 866 OF 2006

BETWEEN: WARWICK JAMES CHURCHE

Applicant

AND: AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION

Respondent

JUDGE: GRAHAM J

DATE OF ORDER: 20 JULY 2006

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The separate questions ordered on 3 July 2006 be answered as follows: '1. No. 2. Does not arise' 2. Costs of the hearing of the separate questions reserved pending further submissions. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. IN THE FEDERAL COURT OF AUSTRALIA