Culley v Australian Securities and Investments Commission [2009] FCA 1208

FEDERAL COURT OF AUSTRALIA

Culley v Australian Securities and Investments Commission [2009] FCA 1208

ADMINISTRATIVE LAW – Appeal from a decision of the Administrative Appeals Tribunal – Where Tribunal reviewed the decision of an ASIC delegate under s 206F of the Corporations Act 2001 (Cth) to disqualify a person from being the director of a company for two years – Whether the Tribunal's decision contained an error of law – Whether the delay in ASIC's investigation into a series of companies was unreasonable

Administrative Appeals Tribunal Act 1975 (Cth) ss 43, 44 Administrative Decisions (Judicial Review) Act 1977 (Cth) s 13 Corporations Act 2001 (Cth) ss 206F, 533, 1317B Corporations Regulations 2001 (Cth) Reg 1.0.3(1)

Ansett Transport Industries (Operations) Pty Ltd v Wraith (1983) 48 ALR 500, cited Birdseye v Australian Securities and Investments Commission (2003) 76 ALD 321, referred to Comcare v Lees (1997) 151 ALR 647, referred to Cullen v Corporate Affairs Commission (NSW) (1988) 14 ACLR 789, referred to Kardas v Australian Securities Commission (1998) 29 ACSR 304, applied Minister for Immigration and Ethnic Affairs v Pochi (1980) 44 FLR 41, referred to Minister for Immigration and Multicultural Affairs v Yusuf (2001) 206 CLR 323, referred to Murdaca v Australian Securities and Investments Commission (2009) 258 ALR 223, cited Repatriation Commission v O'Brien (1985) 155 CLR 422, referred to Shi v Migration Agent Registration Authority (2008) 235 CLR 286, referred to TNT Skypak International (Aust) Pty Ltd v Federal Commissioner of Taxation (1988) 82 ALR 175, referred to

BRIAN MALCOLM CULLEY v AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION

VID 619 of 2008

TRACEY J

30 OCTOBER 2009

MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VID 619 of 2008