Australian Securities and Investments Commission v Remedy Housing Pty Ltd [2021] FCA 673

FEDERAL COURT OF AUSTRALIA

Australian Securities and Investments Commission v Remedy Housing Pty Ltd [2021] FCA 673 File number: VID 319 of 2021

Judgment of: MOSHINSKY J

Date of judgment: 17 June 2021

Catchwords: CORPORATIONS – ex parte application for freezing orders, disclosure orders and travel ban orders – where in the substantive proceeding the Australian Securities and Investments Commission (ASIC) sought a permanent injunction to prevent the conduct of a business which it says is being conducted contrary to the Corporations Act 2001 (Cth), the Australian Securities and Investments Commission Act 2001 (Cth) and the National Consumer Credit Protection Act 2009 (Cth) – where ASIC sought the interlocutory orders under s 1323 of the Corporations Act

Legislation: Australian Securities and Investments Commission Act 2001 (Cth), ss 12DA, 12DB, 12C, 13 Corporations Act 2001 (Cth), ss 911A, 1323 Crimes Act 1958 (Cth), ss 81, 82 Federal Court of Australia Act 1976, s 23 National Consumer Credit Protection Act 2009 (Cth), ss 29, 160D Federal Court Rules 2011

Cases cited: Australian Securities and Investments Commission v Banovec (No 2) (2007) 214 FLR 33 Australian Securities and Investments Commission v Carey (No 3) (2006) 57 ACSR 307 Australian Securities and Investments Commission v Carey (No 14) (2007) 158 FCR 92 Australian Securities and Investments Commission v Johnston [2009] FCA 1276 Australian Securities and Investments Commission v Wiggins (1998) 90 FCR 314 Re Courtenay House Capital Trading Group Pty Ltd (in liq) [2018] NSWSC 1918