Culley v Australian Securities and Investments Commission [2008] FCA 1784

FEDERAL COURT OF AUSTRALIA

Culley v Australian Securities and Investments Commission [2008] FCA 1784

PRACTICE AND PROCEDURE – Whether time should be extended for institution of appeal from Administrative Appeals Tribunal – Whether proposed appeal devoid of merit – Extent of investigation of merits required. Administrative Appeals Tribunal Act 1975 (Cth) s 44 Administrative Decisions (Judicial Review) Act 1977 (Cth) s 11 Corporations Act 2001 (Cth) s 206F Federal Court of Australia Act 1976 (Cth) s 31A Chapman v Reilly, unreported, Federal Court of Australia, Neaves J, 9 December 1983 Hunter Valley Developments Pty Ltd v Cohen (1984) 3 FCR 344 Lucic v Nolan (1982) 45 ALR 411 Mustafa v Chief Executive Officer, Centrelink [2000] FCA 1897 Wiegand v Comcare Australia [2005] FCA 1904 BRIAN MALCOLM CULLEY v AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION

VID 619 of 2008

JESSUP J

28 NOVEMBER 2008

MELBOURNE IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VID 619 of 2008

BETWEEN: BRIAN MALCOLM CULLEY

Applicant

AND: AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION

Respondent

JUDGE: JESSUP J

DATE OF ORDER: 28 NOVEMBER 2008

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT:

1. The applicant be allowed until 19 December 2008 for the institution of an appeal from the decision of the Administrative Appeals Tribunal given on 8 July 2008 affirming the respondent's disqualification of the applicant from managing corporations pursuant to s 206F of the Corporations Act 2001 (Cth). 2. The applicant pay the respondent's costs of the application for an extension of time to appeal, save the costs of 28 November 2008. 3. The respondent's costs of 28 November 2008 be its costs in the cause. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. The text of entered orders can be located using eSearch on the Court's website. IN THE FEDERAL COURT OF AUSTRALIA