Australian Securities and Investments Commission v Johnston [2009] FCA 1276

FEDERAL COURT OF AUSTRALIA

Australian Securities and Investments Commission v Johnston [2009] FCA 1276

CORPORATIONS – Australian Securities and Investments Commission carrying out investigation as to whether contraventions of the Corporations Act 2001 (Cth) occurred in relation to the operations of a group of companies – director at the centre of the affairs of that group of companies crucial to the investigation – director on a temporary visit to Australia - whether interim orders should be made preventing the director from leaving Australia – s 1323(1) of the Corporations Act 2001 (Cth). Corporations Act 2001 (Cth) s 1323(1) AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION v TIMOTHY FRANCIS JOHNSTON

WAD 195 of 2009

SIOPIS J

4 NOVEMBER 2009

PERTH

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY

general division WAD 195 of 2009

BETWEEN: AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION

Plaintiff

AND: TIMOTHY FRANCIS JOHNSTON

Defendant

PENAL NOTICE TO: Timothy Francis Johnston IF YOU: (A) REFUSE OR NEGLECT TO DO ANY ACT WITHIN THE TIME SPECIFIED IN THIS ORDER FOR THE DOING OF THE ACT; OR (B) DISOBEY THE ORDER BY DOING AN ACT WHICH THE ORDER REQUIRES YOU TO ABSTAIN FROM DOING. YOU WILL BE LIABLE TO IMPRISONMENT, SEQUESTRATION OF PROPERTY OR OTHER PUNISHMENT. ANY OTHER PERSON WHO KNOWS OF THIS ORDER AND DOES ANYTHING WHICH HELPS OR PERMITS YOU TO BREACH THE TERMS OF THIS ORDER MAY BE SIMILARLY PUNISHED. ORDER JUDGE: Siopis j DATE OF ORDER: 4 November 2009 WHERE MADE: Perth

THE COURT ORDERS THAT: 1. The need for service of the originating process and the interlocutory process is dispensed with in the first instance and the application be heard ex parte. 2. The interlocutory process is returnable instanter. 3. Pending the determination of the application made by the originating process, the defendant is prohibited from leaving Australia without the consent of this Court. 4. The defendant is to by 12 noon WST on Friday, 6 November 2009 deliver up to the Registry of this Court at Level 6 Commonwealth Law Court Building, 1 Victoria Avenue, Perth Western Australia or Level 6, Harry Gibbs Commonwealth Law Courts Building, 119 North Quay, Brisbane, Queensland (or any other Registry of the Court): (a) the defendant's passport or passports; and (b) any further documents in the defendant's possession, custody or power for the purposes of enabling him to travel outside Australia; such documents to be held in the Registry until the determination of the application made by the originating process. 5. Time for service of the originating process and the interlocutory process is abridged to 5:00 pm WST on Thursday, 5 November 2009 (with the plaintiff to effect service on the defendant of a copy of this Order and the papers filed in support of the originating process and the interlocutory process by that time). 6. The originating process and the interlocutory process are returnable before the Court at 11:00 am WST on Monday, 9 November 2009. 7. The defendant has liberty to apply to set aside this Order or to vary its terms on 24 hours written notice to the plaintiff, and otherwise each party has liberty to apply. 8. The plaintiff has leave to give to: (a) the relevant authorities that record, control and regulate the passage of individuals out of Australia; and (b) any person who operates international transport services originating in Australia; notice of this Order by delivering a copy of these Orders to a person apparently in the employ of that entity or person. 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