Aurora Funds Management Limited v Australian Government Takeovers Panel (Judicial Review) [2020] FCA 496

FEDERAL COURT OF AUSTRALIA

Aurora Funds Management Limited v Australian Government Takeovers Panel (Judicial Review) [2020] FCA 496 Review of: Molopo Energy Limited 03R, 04R & 05R [2017] ATP 12

File number: NSD 1583 of 2017

Judge: PERRAM J

Date of judgment: 17 April 2020

Catchwords: CORPORATIONS – application for judicial review of a decision of Australian Government Takeovers Panel – where Panel found Applicant and Fourth Respondent were associates under Corporations Act 2001 (Cth) s 12(2) – where Panel declared unacceptable circumstances in relation to affairs of Third Respondent under s 657A – where remedial orders made under s 657D – whether findings of association under ss 12(2)(b) or (c) require findings of express communication between parties – whether Panel made findings of effect justifying declaration of unacceptable circumstances under s 657A – whether Panel had proper regard to purposes of Act ADMINISTRATIVE LAW – bias – where Sitting President of Panel contemporaneously briefed as senior counsel in Supreme Court of New South Wales proceeding involving no parties to present proceeding – where Fifth Respondent a director of party to Supreme Court proceeding – where Fifth Respondent's credit said to be impugned by position of Sitting President's client in Supreme Court proceeding – where Sitting President had done no work on brief at time of Panel's decision – whether reasonable apprehension of bias – consideration of extent of knowledge of fair-minded lay observer PRACTICE AND PROCEDURE – where hearing re-opened to allow for additional ground of review – where leave to raise two additional formulations of ground refused – consideration of relevant principles