Schlaepfer v Australian Securities and Investments Commission [2017] FCA 1122

FEDERAL COURT OF AUSTRALIA

Schlaepfer v Australian Securities and Investments Commission [2017] FCA 1122 File number: NSD 798 of 2017

Judge: WIGNEY J

Date of judgment: 21 September 2017

Catchwords: ADMINISTRATIVE LAW – application for order of review under the Administrative Decisions (Judicial Review) Act 1977 (Cth) and Judiciary Act 1903 (Cth) – notice of objection to competency – whether Court has jurisdiction to review ASIC's conduct in making a request to the Cayman Islands Monetary Authority – whether conduct was engaged in for the purpose of making a decision under an enactment – whether the matter arose under a law made by the Commonwealth Parliament – whether respondent's conduct involved an improper exercise of power – whether a breach of the rules of natural justice had occurred or is likely to occur – application dismissed PRACTICE AND PROCEDURE – public interest immunity – applicant sought production of ASIC's request to Cayman Islands Monetary Authority and associated correspondence – no legitimate forensic purpose in obtaining access to documents – where balance of convenience favours maintaining the confidentiality of the documents – public interest immunity claim upheld

Legislation: Constitution ss 75, 76, 77 Acts Interpretation Act 1901 (Cth) s 22(1)(a) Administrative Decisions (Judicial Review) Act 1977 (Cth) ss 3, 3(5), 5(1), 6(1) Australian Securities and Investments Commission Act 2001 (Cth) ss 5A(2), 13, 16, 17, 19(2), 49, 50, 68(2), 68(3), 127 Australian Securities Commission Act 1989 (Cth) s 50 (repealed) Corporations Act 2001 (Cth) ss 596A, 596B Judiciary Act 1903 (Cth) s 39B(1A)(c) National Crime Authority Act 1984 (Cth) Monetary Authority Law (2016 Revision) (Caymen Islands) ss 34(1), 34(9)