Commonwealth Director of Public Prosecutions v Citigroup Global Markets Australia Pty Limited (No 1 - Indictment) [2021] FCA 757

Federal Court of Australia

Commonwealth Director of Public Prosecutions v Citigroup Global Markets Australia Pty Limited (No 1 – Indictment) [2021] FCA 757 File number: NSD 1316 of 2020

Judgment of: WIGNEY J

Date of judgment: 7 July 2021

Catchwords: CRIMINAL LAW – federal crime – indictment filed pursuant to s 23BF of the Federal Court of Australia Act 1976 (Cth) and r 3.01 of Federal Court (Criminal Proceedings) Rules 2016 (Cth) – where accused investment banks are alleged to have made an arrangement or arrived at an understanding containing a cartel provision contrary to s 44ZZRF(1) of the Competition and Consumer Act 2010 (Cth) – where accused investment banks are alleged to have given effect to a cartel provision contained in an arrangement or understanding contrary to s 44ZZRG(1) of the Competition and Consumer Act 2010 (Cth) – where officers, employees or representatives of the investment banks are alleged to have been knowingly concerned in, or a party to, the contraventions of s 44ZZRF(1) and s 44ZZRG(1) of the Competition and Consumer Act 2010 (Cth) pursuant to s 79(1)(c) – where a bank and its officer, employee or representative are accused to have aided, abetted, counselled or procured one of the investment banks to contravene s 44ZZRG(1) of the Competition and Consumer Act 2010 (Cth) pursuant to s 79(1)(a) PRACTICE AND PROCEDURE – interlocutory application – application objecting to indictment on the basis of formal defects apparent on the face of indictment pursuant to s 23CP(1)(a) of the Federal Court of Australia Act 1976 (Cth) – application seeking to quash each count in indictment and to discharge accused on each charge pursuant to ss 23, 23CB(1), 23CP(2)(a)(i)-(iv) of the Federal Court of Australia Act 1976 (Cth) – whether statements of offences in indictment are sufficient – whether nature of alleged offences described with "reasonable particularity" in accordance with r 3.01(4) of the Federal Court (Criminal Proceedings) Rules 2016 (Cth) – whether statements or particulars of offences in indictment sufficiently identify the essential factual ingredients of alleged offences – whether formal defects were apparent on face of indictment – where indictment was found to have not identified the essential factual ingredients of alleged offences – where deficiencies in indictment can be remedied without causing significant prejudice to the accused – prosecutor to file new indictment to remedy identified deficiencies pursuant to s 23BH of the Federal Court of Australia Act 1976 (Cth)