Australian Securities and Investments Commission v Union Standard International Group Pty Ltd (Trial Ruling No 1) [2023] FCA 169

Federal Court of Australia

Australian Securities and Investments Commission v Union Standard International Group Pty Ltd (Trial Ruling No 1) [2023] FCA 169 File number: NSD 2064 of 2019

Judgment of: WIGNEY J

Date of judgment: 22 February 2023

Date of publication of reasons: 17 March 2023

Catchwords: PRACTICE AND PROCEDURE – second defendant objects to documentary material adduced by plaintiff as evidence of settlement negotiations under s 131(1) of Evidence Act 1995 (Cth) – whether said evidence falls within an exception in s 131(2) and therefore can be adduced – consideration of exceptions in s 131(2)(b), (f), (i) and (j) – general ruling that relevant s 131(2) exceptions apply to the evidence the subject of objection

Legislation: Australian Securities and Investments Commission Act 2001 (Cth) ss 12CB, 33, 63 Corporations Act 2001 (Cth) s 597 Evidence Act 1995 (Cth) ss 131(1), 131(2), 131(2)(b), 131(2)(f), 131(2)(i), 131(2)(j), 131(3)

Cases cited: Coastal Service Centres Pty Ltd v United Petroleum Pty Ltd [2020] NSWSC 1870 Re BPTC Ltd (in liq) (1992) 7 ACSR 551

Division: General Division

Registry: New South Wales

National Practice Area: Commercial and Corporations

Sub-area: Corporations and Corporate Insolvency

Number of paragraphs: 38

Date of hearing: 22 February 2023

Counsel for the Plaintiff: Mr L Livingston SC with Mr D Birch

Solicitor for the Plaintiff: Clayton Utz

Counsel for the Second Defendant: Ms M Painter SC with Mr F Tao and Ms C Brain