Federal Court of Australia
Federal Court of Australia
Australian Securities and Investments Commission v Austal Ltd [2022] FCA 1231 File number: VID 307 of 2021
Judgment of: O'BRYAN J
Date of judgment: 10 October 2022
Date of publication of reasons: 14 October 2022
Catchwords: CORPORATIONS – admitted contraventions of ss 674(2) and (2A) of the Corporations Act 2001 (Cth) – declarations and pecuniary penalties sought by plaintiff not opposed by defendants – whether form of declarations appropriate – whether quantum of penalties appropriate
Legislation: Corporations Act 2001 (Cth) ss 674(2)-(2A), 676, 677, 1317E, 1317G(1A) Federal Court of Australia Act 1976 (Cth) s 21 ASX Listing Rules rr 3.1, 19.12
Cases cited: Australian Building and Construction Commissioner v Construction, Forestry, Mining and Energy Union (2017) 254 FCR 68 Australian Building and Construction Commissioner v Construction, Forestry, Mining and Energy Union (2018) 262 CLR 157 Australian Building and Construction Commissioner v Pattinson (2022) 175 ALD 383 Australian Competition and Consumer Commission v Coles Supermarkets Australia Pty Ltd [2014] FCA 1405 Australian Competition and Consumer Commission v Coles Supermarkets Australia Pty Ltd [2015] FCA 330; 327 ALR 540 Australian Competition and Consumer Commission v Cornerstone Investment Australia Pty Ltd (in liq) (No 5) [2019] FCA 1544 Australian Competition and Consumer Commission v Reckitt Benckiser (Australia) Pty Ltd [2016] FCAFC 181; 340 ALR 25 Australian Competition and Consumer Commission v TPG Internet Pty Ltd (2013) 250 CLR 640 Australian Securities and Investments Commission v Adler (No 5) [2002] NSWSC 483; 42 ACSR 80 Australian Securities and Investments Commission v AMP Financial Planning Pty Ltd (No 2) [2020] FCA 69; 377 ALR 55 Australian Securities and Investments Commission v Chemeq Ltd [2006] FCA 936; 234 ALR 511 Australian Securities and Investments Commission v Vocation Ltd (In Liq) [2019] FCA 807; 371 ALR 155 Australian Securities and Investments Commission v Warrenmang Ltd [2007] FCA 973; 63 ACSR 623 Australian Securities and Investments Commission v Wooldridge [2019] FCAFC 172 Commonwealth v Director, Fair Work Building Industry Inspectorate (2015) 258 CLR 482 Forster v Jododex Australia Pty Ltd (1972) 127 CLR 421 Markarian v The Queen (2005) 228 CLR 357 Mayfair Wealth Partners Pty Ltd v Australian Securities and Investments Commission [2022] FCAFC 170 NW Frozen Foods Pty Ltd v Australian Competition and Consumer Commission (1996) 71 FCR 285 Singtel Optus v Australian Competition and Consumer Commission [2012] FCAFC 20; 287 ALR 249 Trade Practices Commission v CSR Ltd [1990] FCA 762; ATPR 41-076 TPT Patrol Pty Ltd Ltd (as trustee for the Amies Superannuation Fund) v Myer Holdings Ltd [2019] FCA 1747; 140 ACSR 38
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