XY v Companies Auditors Disciplinary Board [2022] FCA 1583

Federal Court of Australia

XY v Companies Auditors Disciplinary Board [2022] FCA 1583 File number: VID 240 of 2022

Judgment of: BEACH J

Date of judgment: 22 December 2022

Catchwords: CORPORATIONS – auditors – disciplinary proceeding against auditor – s 1292 of the Corporations Act 2001 (Cth) – role and function of the Companies Auditors Disciplinary Board – ss 213, 216 to 219 of the Australian Securities and Investments Commission Act 2001 (Cth) – stay of disciplinary proceeding – refusal of stay – judicial review of decision not to stay – invocation of jurisdiction under s 39B of the Judiciary Act 1903 (Cth) – invocation of jurisdiction under ss 5 and 6 of the Administrative Decisions (Judicial Review) Act 1977 (Cth) – administrative law – over-lapping criminal prosecution – substantially same subject matter – prejudice to auditor in disciplinary proceeding not being stayed – prejudice to public interest in disciplinary proceeding being stayed – relevance of undertaking given by auditor not to practise in the interim – orders sought quashing decision – declarations and injunction – judicial review of ancillary decision refusing extension of time under s 79(3) of the ASIC Act – ancillary orders

Legislation: Administrative Decisions (Judicial Review) Act 1977 (Cth) ss 3, 5, 6, 15, 16 Australian Securities and Investments Commission Act 2001 (Cth) ss 1, 11, 19, 21, 49, 63, 68, 79, 127, 213, 216, 217, 218, 219 Companies Act 1981 (Cth) s 27 Corporations Act 2001 (Cth) ss 9, 307, 1274(2)(a)(iii), 1285, 1292, 1294, 1294A, 1311(1), 1315, 1337A(2)(b), 1337B, 1349(4)(g) Federal Court of Australia Act 1976 (Cth) ss 19(1), 21, 22, 23 Judiciary Act 1903 (Cth) s 39B