Commonwealth Director of Public Prosecutions v Citigroup Global Markets Australia Pty Limited (No 5 - Indictment) [2021] FCA 1345

Federal Court of Australia

Commonwealth Director of Public Prosecutions v Citigroup Global Markets Australia Pty Limited (No 5 – Indictment) [2021] FCA 1345 File number: NSD 1316 of 2020

Judgment of: WIGNEY J

Date of judgment: 3 November 2021

Catchwords: PRACTICE AND PROCEDURE – federal crime – interlocutory application – complete shemozzle – 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) – where Commonwealth Director of Public Prosecutions has previously been ordered to file a new indictment to remedy identified defects and deficiencies in an earlier indictment – whether new indictment filed is valid – application by the accused seeking to quash each count in the indictment and to be discharged – whether there are defects in the charges contained in new indictment – whether charges in indictment failed to describe the essential ingredients of the alleged offences – whether charges in indictment contained deficient particulars of knowledge of the accused – whether charges in indictment contained deficient particulars of conduct – whether charges in indictment fail to adequately identify conduct engaged in by the accused – principles of a valid indictment – where new indictment found to be defective and deficient – where defects in new indictment not such as to justify an order quashing indictment and discharging accused – where Commonwealth Director of Public Prosecutions ordered to file a valid indictment in accordance with r 3.01 of the Federal Court (Criminal Proceedings) Rules 2016 (Cth) and the common law

Legislation: Competition and Consumer Act 2010 (Cth), ss 79(1)(a), 79(1)(c), 79(1A), 44ZZRD, 44ZZRF, 44ZZRF(1), 44ZZRF(1)(b), 44ZZRF(2), 44ZZRG, 44ZZRG(1), 44ZZRG(1)(a), 84(2) Criminal Code (Schedule to the Criminal Code Act 1995 (Cth)), ss 5.2(3), 11.2(1), 11.2(2), 11.2(2)(a), 11.2(3)(a), 11.5 Federal Court of Australia Act 1976 (Cth), ss 23BF(6), 23BH, 23CE, 23CE(a), 23CP(2)(a), 23CQ Federal Court (Criminal Proceedings) Rules 2016 (Cth), rr 1.04(1), 1.04(2), 3.01, 3.01(4)(c), 3.01(6), 3.07(3)