Federal Court of Australia
Federal Court of Australia
Its Eco Pty Ltd v BPS Financial Limited (No 2) [2023] FCA 110 File number: QUD 395 of 2021
Judgment of: RANGIAH J
Date of judgment: 20 February 2023
Catchwords: PRACTICE AND PROCEDURE – application for temporary stay of proceedings – where concurrent civil proceedings and civil penalty proceedings – where substantive overlap of issues in civil proceedings – whether risk of prejudice to respondents' defence in civil penalty proceeding – where any prejudice can be dealt with by appropriate case management – stay refused
Legislation: Australian Consumer Law ss 4(2), 18 and 21 Australian Securities and Investments Commission Act 2001 (Cth) ss 12BB(2), 12CB, 12DA(1) and 12DB(1)(e) Corporations Act 2001 (Cth) s 1041H Evidence Act 1995 (Cth) ss 128 and 187 Federal Court of Australia Act 1976 (Cth) s 23
Cases cited: Anderson v ASIC [2013] 2 Qd R 401 Australian Competition and Consumer Commission v FFE Building Services Pty Ltd (2003) 130 FCR 37 Australian Securities & Investments Commission in the matter of Northwest Resources Limited v Craigside Company Limited [2013] FCA 201 Australian Securities and Investments Commission (ASIC) v Flugge sub nom Re AWB Ltd (No 1) (2008) 21 VR 252 Australian Securities and Investments Commission v ActiveSuper Pty Ltd (No 5) [2013] FCA 369 Baker v Commissioner of Federal Police (2000) 104 FCR 359 Devine Marine Group Pty Ltd v Fair Work Ombudsman [2013] FCA 442 Guglielmin v Trescowthick (No.3) [2005] FCA 139 McMahon v Gould (1982) 7 ACLR 202 Microsoft Corporation v CX Computer Pty Ltd (2002) 116 FCR 372 Oswal v Burrup Fertilisers Pty Ltd (Receivers and Managers Appointed) [2011] FCAFC 117 Refrigerated Express Lines (A/Asia) Pty Ltd v Australian Meat and Live-Stock Corporation (1979) 42 FLR 204 Shaw v Official Trustee in Bankruptcy of the Australian Financial Security Authority [2022] FCA 775 Sterling Pharmaceuticals Pty Limited v The Boots Company (Australia) Pty Limited (1992) 34 FCR 287 Western Australia v Bond Corporation Holdings Ltd (No 2) (1992) 37 FCR 150 Wide Bay Conservation Council Inc v Burnett Water Pty Ltd [2008] FCA 1900
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate