Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Wittensleger v Australian Securities and Investments Commission [2017] FCA 41 Appeal from: Wittensleger and Australian Securities and Investments Commission [2015] AATA 902
File number: WAD 752 of 2015
Judge: MCKERRACHER J
Date of judgment: 1 February 2017
Catchwords: CORPORATIONS – ASIC banning orders prohibiting the applicant from engaging in any credit activities or providing financial services – whether tribunal made an error of law by denying the opportunity to adduce further evidence - whether further evidence intended to go behind the essential facts of a criminal trial
Legislation: Corporations Act 2001 (Cth) s 920A Criminal Code (WA) s 409(1) Federal Court of Australia Act 1976 (Cth) s 27 Federal Court Rules 2011 (Cth) r 33.29 National Consumer Credit Protection Act 2009 (Cth) s 5, 6, 80(1)
Cases cited: Australian Securities Commission v Kippe (1996) 67 FCR 499 CDJ v VAJ (No 2) (1998) 197 CLR 172 Florance v Andrew (1985) 58 ALR 377 Greater Wollongong City Council v Cowan (1955) 93 CLR 435 Minister for Immigration and Ethnic Affairs v Daniele (1981) 5 ALD 135 Minister for Immigration & Ethnic Affairs v Gungor (1982) 4 ALD 575 Saffron v Commissioner of Taxation (1991) 30 FCR 578 Tasovac v State of Western Australia (2015) WASCA 24 Wittensleger v The State of Western Australia [2014] WASCA 205
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