Australian Securities and Investments Commission v Membo Finance Pty Limited [2021] FCA 1166

Federal Court of Australia

Australian Securities and Investments Commission v Membo Finance Pty Limited [2021] FCA 1166 File number: NSD 209 of 2021

Judgment of: YATES J

Date of judgment: 27 September 2021

Catchwords: CORPORATIONS – application by the respondents seeking to strike out parts of the applicant's further concise statement pursuant to r 16.21 of the Federal Court Rules 2011 (Cth) (the Rules) – application by the respondents, in the alternative, for an order that the applicant provide the "usual particulars" of the further concise statement pursuant to r 16.45 of the Rules – where applicant seeks relief under the National Consumer Credit Protection Act 2009 (Cth) and the Federal Court of Australia Act 1976 (Cth)

Legislation: Federal Court of Australia Act 1976 (Cth) National Consumer Credit Protection Act 2009 (Cth) ss 6, 47(1), 64, 72, 87, 88, 169, National Consumer Credit Protection Regulations 2010 (Cth) reg 36 National Credit Code, Schedule 1 to the National Consumer Credit Protection Act 2009 (Cth) Federal Court Rules 2011 (Cth) rr 1.32, 16.13(2), 16.21, 16.45

Cases cited: Australian Securities and Investments Commission v Australia and New Zealand Banking Group Limited [2019] FCA 1284 Inabu Pty Ltd as trustee for the Alidas Superannuation Fund v Cimic Group Ltd [2019] FCA 1480 Olson v Keefe (No 3) [2018] FCA 2001 Smith v Australian Executor Trustees Limited; Creighton v Australian Executor Trustees Ltd [2017] NSWSC 1406 Zonia Holdings Pty Ltd v Commonwealth Bank of Australia Ltd [2018] FCA 659