Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Australian Securities and Investments Commission v RI Advice Group Pty Ltd [2022] FCA 496 File number(s): VID 556 of 2020
Judgment of: ROFE J
Date of judgment: 5 May 2022
Catchwords: CORPORATIONS – where respondent holds Australian Financial Services Licence – where respondent's business was targeted in cybersecurity attacks – whether respondent contravened ss 912A(1)(a) and (h) of the Corporations Act 2001 (Cth) by failing to have adequate cybersecurity risk management in place – contraventions agreed by the parties – where parties prepared an agreed statement of facts and jointly proposed declarations and orders – whether proposed declarations and orders are appropriate – proposed declarations and orders made
Legislation: Australian Securities and Investments Commission Act 2001 (Cth) Corporations Act 2001 (Cth) Evidence Act 1995 (Cth) Federal Court of Australia Act 1976 (Cth)
Cases cited: Australian Building and Construction Commissioner v Construction, Forestry, Mining and Energy Union (2017) 254 FCR 68 Australian Competition & Consumer Commission v Dataline.Net.Au Pty Ltd (2007) 161 FCR 513 Australian Competition & Consumer Commission v Dataline.Net.Au Pty Ltd [2006] FCA 1427 Australian Competition and Consumer Commission v Coles Supermarkets Australia Pty Ltd [2014] FCA 1405 Australian Competition and Consumer Commission v Cryosite [2019] FCA 116 Australian Securities and Investments Commission v AGM Markets Pty Ltd (in liq) (No 3) (2020) 275 FCR 57 Australian Securities and Investments Commission v Allianz Australia Insurance Limited [2021] FCA 1062 Australian Securities and Investments Commission v AMP Financial Planning Pty Ltd (No 2) [2020] FCA 69 Australian Securities and Investments Commission v Caddick [2021] FCA 1443 Australian Securities and Investments Commission v Camelot Derivatives Pty Ltd (in liq) [2012] FCA 414 Australian Securities and Investments Commission v Cassimatis (No 8) (2016) 336 ALR 209; [2016] FCA 1023 Australian Securities and Investments Commission v MLC Nominees Pty Ltd [2020] FCA 1306 Australian Securities and Investments Commission v RI Advice Group Pty Ltd (No 2) [2021] FCA 877 Australian Securities and Investments Commission v RI Advice Group Pty Ltd [2021] FCA 1193 Australian Securities and Investments Commission v Westpac Banking Corporation (No 3) [2018] FCA 1701 Australian Securities and Investments Commission v Westpac Banking Corporation (No 2) [2018] FCA 751 Australian Securities and Investments Commission v Westpac Securities Administration Ltd (2019) 272 FCR 170 Hadgkiss v Aldin (No 2) [2007] FCA 2069
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