Australian Securities and Investments Commission v Citigroup Global Markets Australia Pty Limited (ACN 003 114 832) (No. 3) [2007] FCA 393

FEDERAL COURT OF AUSTRALIA

Australian Securities and Investments Commission

v Citigroup Global Markets Australia Pty Limited (ACN 003 114 832) (No. 3) [2007] FCA 393

PRACTICE AND PROCEDURE – Intervenors – Application for leave to intervene – Court's power to permit intervention – Criteria guiding the court's discretion whether to permit intervention – Whether contribution of industry body would be 'useful and different' to that of the parties – Application stood over generally and leave granted to renew application during course of hearing Federal Court Rules 1979 (Cth) – O 6, r 17 Dorajay Pty Ltd v Aristocrat Leisure Ltd (2005) 147 FCR 394 cited P. & C. Cantarella Pty Ltd v Egg Marketing Board for the State of New South Wales [1973] 2 NSWLR 366 referred to Sharman Networks Ltd and Ors v Universal Music Australia Pty Ltd and Ors [2006] 155 FCR 291 referred to Wilson v Manna Hill Mining Co Pty Ltd (2004) 51 ASCR 404 cited AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION v CITIGROUP GLOBAL MARKETS AUSTRALIA PTY LIMITED (ACN 003 114 832) NSD 651 OF 2006

JACOBSON J

15 MARCH 2007

SYDNEY IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 651 OF 2006

BETWEEN: AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION

PLAINTIFF

AND: CITIGROUP GLOBAL MARKETS AUSTRALIA PTY LIMITED (ACN 003 114 832)

DEFENDANT

JUDGE: JACOBSON J

DATE OF ORDER: 15 MARCH 2007

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. The Notice of Motion filed on 9 March 2007 by the Australian Financial Markets Association (AFMA) is stood over generally, with liberty to apply granted to the AFMA to renew its application on 48 hours' notice. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 651 OF 2006