Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Zivanovic v Australian Securities and Investments Commission [2017] FCA 1633 Appeal from: LZ15 v Australian Securities and Investments Commission [2016] AATA 247
File number: NSD 1442 of 2017
Judge: GLEESON J
Date of judgment: 20 December 2017
Date of publication of reasons: 5 February 2018
Catchwords: PRACTICE AND PROCEDURE – application pursuant to s 37AF of the Federal Court of Australia Act 1976 (Cth) for suppression and non-publication of appellant's identity on the grounds that it is necessary to prevent prejudice to the administration of justice – application refused PRACTICE AND PROCEDURE – application pursuant to s43(5C) of the Administrative Appeals Tribunal Act 1975 (Cth) to vary a stay of the operation or implementation of an order made by the Administrative Appeals Tribunal to disqualify the applicant from acting as a director of a company in order to allow the respondent to make a media release in relation to the disqualification order – application made in circumstances where respondent accepts that it ought not to be allowed to make a record of the disqualification order in the register maintained pursuant to s 1274AA of the Corporations Act 2001 (Cth) – application refused
Legislation: Administrative Appeals Tribunal Act 1975 (Cth) ss 35, 41, 43, 44 Corporations Act 2001 (Cth) ss 206F, 1274AA Federal Court of Australia Act 1976 (Cth) ss 37AE, 37AF, 37AG
Cases cited: A v Commissioner of Taxation [2016] FCA 1307 Applicant Y v Australian Prudential and Regulatory Authority [2005] FCAFC 222 Australian Competition and Consumer Commission v Air New Zealand Ltd (No 4) [2012] FCA 1439 Australian Securities and Investments Commission v Administrative Appeals Tribunal [2009] FCAFC 185; 181 FCR 130 Herald and Weekly Times Ltd v Gregory D Williams (formerly identified as VAI) [2003] FCAFC 217; (2003) 130 FCR 435 Hogan v Australian Crime Commission [2010] HCA 21; (2010) 240 CLR 651 LHRC v Deputy Commissioner of Taxation (No 4) [2015] FCA 70; (2015) 326 ALR 150 Rinehart v Rinehart [2014] FCA 1241; (2014) 320 ALR 195
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