Federal Court of Australia
Federal Court of Australia
Australian Securities and Investments Commission v Maxi EFX Global AU Pty Ltd [2020] FCA 1263 File number: NSD 460 of 2020
Judgment of: WIGNEY J
Date of judgment: 3 September 2020
Catchwords: CORPORATIONS – investigation by Australian Securities and Investments Commission – notice to produce books under s 33 of the Australian Securities and Investments Commission Act 2001 (Cth) – whether notice was valid – whether notice lacked sufficient clarify or was unreasonably broad – meaning of possession – whether possession included custody or control – whether company had possession, custody or control of documents held by third party service providers – whether company had a reasonable excuse for failing to comply with the notice
Legislation: Australian Securities and Investments Commission Act 2001 (Cth) ss 5(2), 5(2)(b), 5(3), 12CB, 12CB(4)(b), 12DA, 12DB, 13, 25, 26, 30B(3), 31(1)(g)-(m), 33, 33(1), 33(3), 38, 39A, 63(1), 70, 70(2), 70(3) Australian Securities Commission Act 1989 (Cth) Pt III Div 3 Corporations Act 2001 (Cth) ss 9, 86, 180, 761A, 911A, 912A, 991A, 1041E, 1041F, 1041G, 1041H, 1323 Customs Act 1901 (Cth) s 35A(1) Evidence Act 1995 (Cth) s 140(2) Insolvency Law Reform Act 2016 (Cth)
Cases cited: A v Independent Commission Against Corruption (2014) 88 NSWLR 240 Aurora Construction Materials Pty Ltd v Victorian WorkCover Authority [2017] VSC 573 Aurora Construction Materials Pty Ltd v Victorian WorkCover Authority [2018] VSCA 165 Australian Securities and Investments Commission v AGM Markets Pty Ltd (in liq) (No 3) [2020] FCA 208; 380 ALR 27 Australian Securities and Investments Commission v Albarran (2008) 169 FCR 448 Australian Securities and Investments Commission v Union Standard International Group Pty Ltd [2020] FCA 603 Australian Securities Commission v Dalleagles Pty Ltd (1992) 36 FCR 350 Australian Securities Commission v Kutzner [1997] FCA 1453; 25 ACSR 723 Bank of Valletta PLC v National Crime Authority [1999] FCA 791; 164 ALR 45 Briginshaw v Briginshaw (1938) 60 CLR 336 Comptroller-General of Customs v Zappia (2018) 265 CLR 416 Currency Brokers (Aust) Pty Ltd v Corporate Affairs Commission (NSW) (1986) 5 NSWLR 483 Dunlop Olympic Ltd v Trade Practices Commission [1982] FCA 31; 40 ALR 367 Fair Work Ombudsman v Devine Marine Group Pty Ltd [2014] FCA 1365 Federal Commissioner of Taxation v Australia and New Zealand Banking Group Ltd (1979) 143 CLR 499 Fieldhouse v Commissioner of Taxation (1989) 25 FCR 187 Harris v Mathieson (in his capacity as an authorised officer under the Water Management Act 2000 (NSW)) [2019] NSWSC 1064 Insurance and Superannuation Commissioner v Glaser (1997) 79 FCR 505 Integrated Financial Group Pty Ltd v Australian Securities and Investments Commission [2004] WASC 75; 183 FLR 8 Melbourne Home of Ford Pty Ltd v Trade Practices Commission (No 3) [1980] FCA 115; 31 ALR 519 NAAO v Secretary, Department of Immigration and Multicultural Affairs (2002) 117 FCR 401 Pyneboard Pty Ltd v Trade Practices Commission [1982] FCA 18; 39 ALR 565 Re Bill Express Ltd (in liq) (ACN 090 059 564) [2010] VSC 101; 77 ACSR 556 Riley McKay Pty Ltd v Bannerman [1977] FCA 51; 15 ALR 561 Spencer Motors Pty Ltd v LNC Industries Ltd [1982] 2 NSWLR 921 Unique International College Pty Ltd v Australian Competition and Consumer Commission (2018) 266 FCR 631
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