Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Australian Securities & Investments Commission v AMP Financial Planning Pty Ltd [2018] FCA 1708 File number: NSD 1124 of 2018
Judge: LEE J
Date of judgment: 19 October 2018
Catchwords: PRACTICE AND PROCEDURE – Central Practice Note: National Court Framework and Case Management (CPN-1) and the need for parties to give consideration to facilitating the overarching purpose prior to first case management hearings – referees as a form of special jury – consideration of appointment of referee in civil penalty proceedings – relevance of overarching purpose to appointment of referee –referee not appointed because of the possibility of delay when a hearing date has been set
Legislation: Corporations Act 2001 (Cth) ss 1317E; 1317G; 961L Federal Court of Australia Act 1976 (Cth) s 54A Federal Court Rules 2011 (Cth) r 28.6 Commercial and Corporations Practice Note (C&C-1) Central Practice Note: National Court Framework and Case Management Practice Note (CPN-1)
Cases cited: Australian Securities & Investments Commission v Rich [2004] NSWSC 836; (2004) 50 ACSR 500 Kadam v MiiResorts Group 1 Pty Limited (No 4) [2017] FCA 1139; (2017) 252 FCR 298 Sheehan v Lloyds Names Munich Re Syndicate Ltd [2017] FCA 1340; (2017) 19 ANZ Insurance Cases 62-158 Commonwealth of Australia v Director, Fair Work Building Industry Inspectorate [2015] HCA 46; (2015) 258 CLR 482
Date of hearing: 11, 19 October 2018
Registry: New South Wales
Division: General Division
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