Federal Court of Australia
Federal Court of Australia
Australian Securities and Investments Commission v Ultiqa Lifestyle Promotions Limited (in liq) (No 2) [2022] FCA 1228 File number: QUD 354 of 2021
Judgment of: DOWNES J
Date of judgment: 14 October 2022
Catchwords: CORPORATIONS – application by regulator for pecuniary penalties arising from findings of contravention in previous decision – where declarations of contravention of s 961L Corporations Act 2001 (Cth) already made – whether financial position of related company in corporate group relevant in circumstances where contravening entity now in liquidation
Legislation: Corporations Act 2001 (Cth) ss 961B, 961G, 961J, 961L, 1317E, 1317G, 1657 Treasury Laws Amendment (Strengthening Corporate and Financial Sector Penalties) Act 2019 (Cth) ss 2, 3, Sch 1 item 146
Cases cited: Australian Building and Construction Commissioner v Pattinson (2022) 399 ALR 599; [2022] HCA 13 Australian Competition & Consumer Commission v Renegade Gas Pty Ltd (trading as Supagas NSW) [2014] FCA 1135 Australian Competition and Consumer Commission v Reckitt Benckiser (Australia) Pty Ltd (2016) 340 ALR 25; [2016] FCAFC 181 Australian Securities & Investments Commission v AMP Financial Planning Pty Ltd (No 2) (2020) 142 ACSR 277; [2020] FCA 69 Australian Securities and Investments Commission v Ultiqa Lifestyle Promotions Limited (in liq) (2022) 159 ACSR 195; [2022] FCA 561 Australian Securities and Investments Commission v Westpac Banking Corporation (Omnibus) (2022) 159 ACSR 381; [2022] FCA 515 Australian Securities and Investments Commission v Wooldridge [2019] FCAFC 172 Commonwealth of Australia v Director, Fair Work Building Industry Inspectorate (2015) 258 CLR 482; [2015] HCA 46 Schneider Electric (Australia) Pty Ltd v Australian Competition and Consumer Commission (2003) 127 FCR 170; [2003] FCAFC 2 Trade Practices Commission v CSR Ltd [1990] FCA 521; (1991) ATPR 41-076 viagogo AG v Australian Competition and Consumer Commission [2022] FCAFC 87 Volkswagen Aktiengesellschaft v Australian Competition and Consumer Commission (2021) 284 FCR 24; [2021] FCAFC 49
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