Federal Court of Australia
Federal Court of Australia
Australian Securities and Investments Commission v Dunjey [2023] FCA 361 File number: WAD 276 of 2021
Judgment of: FEUTRILL J
Date of judgment: 21 April 2023
Catchwords: CORPORATIONS – winding up – unregistered managed investment scheme – scheme – interest in scheme –unlicensed financial services business – financial products – dealing in financial products – business where the second defendant executed 'loan agreements' with investors and pooled loan funds in bank accounts – where second defendant represented loan funds would be used for 'investments' – liquidator of company and scheme appointed – winding up corporate trustee – receivers and managers of trust assets appointed PRACTICE AND PROCEDURE – implied undertaking – purpose of freezing order disclosure affidavit – release from implied undertaking refused PRACTICE AND PROCEDURE – declaratory relief – potential criminal prosecution – proper contradictor – Court's disapproval of contravening conduct – declaratory relief granted
Legislation: Australian Securities and Investments Commission Act 2001 (Cth) ss 33, 76(1), 76(2), 77(b), 78 Corporations Act 2001 (Cth) ss 9, 1101B(1)(a)(i), 601EB, 601ED, 601EE(1), 601EE(2), 761E, 763A(1)(a), 763B, 766A, 911A, 911A(1), 1311, 1317E Evidence Act 1995 (Cth) ss 59, 60-64, 66A-75, 81-84, 87, 88, 135, 136 Federal Court of Australia Act 1976 (Cth) ss 23, 57 Federal Court Rules 2011 (Cth) rr 7.32, 7.33
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