Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Australian Securities and Investments Commission v Westpac Banking Corporation [2017] FCA 1331 File number: VID 282 of 2016
Judge: BEACH J
Date of judgment: 8 November 2017
Catchwords: PRACTICE AND PROCEDURE – corporations and securities – financial markets – prime bank bills – bank bill swap reference rate (BBSW) – alleged financial market manipulation concerning artificial prices – ss 1041A and 1041B of the Corporations Act 2001 (Cth) – application to amend originating process and statement of claim – application allowed
Legislation: Australian Securities and Investments Commission Act 2001 (Cth) ss 12CA, 12CB, 12CC Corporations Act 2001 (Cth) ss 1041A, 1041B Federal Court of Australia Act 1976 (Cth) s 37M
Cases cited: Aon Risk Services Australia Ltd v Australian National University (2009) 239 CLR 175 Cropper v Smith (1884) 26 Ch 700 Ketteman v Hansel Properties Ltd [1987] AC 189 Tamaya Resources Limited (in liq) v Deloitte Touche Tohmatsu (A Firm) (2016) 332 ALR 199; [2016] FCAFC 2
Date of hearing: 8 November 2017
Registry: Victoria
Division: General Division
National Practice Area: Commercial and Corporations
Sub-area: Economic Regulator, Competition and Access
Category: Catchwords
Number of paragraphs: 50
Counsel for the Plaintiff: Mr PW Collinson QC, Mr PD Crutchfield QC, Mr M Borsky QC with Mr C Archibald, Ms C van Proctor and Mr CJ Tran
Solicitor for the Plaintiff: Johnson Winter & Slattery
Counsel for the Defendant: Mr MJ Darke SC with Mr JRV Williams and Mr J Burnett
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