Federal Court of Australia
Federal Court of Australia
Australian Securities and Investments Commission v Mitchell (No 3) [2020] FCA 1604 File number(s): VID 1449 of 2018
Judgment of: BEACH J
Date of judgment: 4 November 2020
Catchwords: CORPORATIONS – pecuniary penalty – breach of director's duties – contraventions of s 180(1) of the Corporations Act 2001 (Cth) – declaration of contraventions – factors relevant to assessing penalty – costs – orders made
Legislation: Corporations Act 2001 (Cth) ss 180(1), 1317DA, 1317E and 1317G Federal Court of Australia Act 1976 (Cth) s 43(1)
Cases cited: Australian Competition and Consumer Commission v Murray Goulburn Co-Operative Co Limited [2018] FCA 1964 Australian Securities and Investments Commission v Flugge (No 2) (2017) 342 ALR 478 Australian Securities and Investments Commission v Mitchell (No 2) (2020) 382 ALR 425 Australian Securities and Investments Commission v Westpac Banking Corporation (No 3) (2018) 131 ACSR 585 Forster v Jododex Australia Pty Ltd (1972) 127 CLR 421 Key Logic Pty Ltd v Blue Groper Investments Pty Ltd [2019] FCA 275 Les Laboratoires Servier v Apotex Pty Ltd (2016) 247 FCR 61 Vines v Australian Securities and Investments Commission (2007) 63 ACSR 505
Division: General Division
Registry: Victoria
National Practice Area: Commercial and Corporations
Sub-area: Corporations and Corporate Insolvency
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