Federal Court of Australia
Federal Court of Australia
Australian Securities and Investments Commission v Dunjey (No 2) [2023] FCA 610 File number: WAD 276 of 2021
Judgment of: FEUTRILL J
Date of judgment: 1 June 2023
Date of publication of reasons: 8 June 2023
Catchwords: PRACTICE AND PROCEDURE – suppression and non-publication orders – meaning of 'necessary' in section 37AG(1)(a) of the Federal Court of Australia Act 1976 (Cth) – where application for suppression and non-publication order made in respect of orders and reasons in civil proceedings – where orders in civil proceedings made against a corporation involving conduct of an officer of that corporation – where potential future criminal proceedings may be brought against an officer of a corporation – where findings of fact in civil proceedings may overlap with allegations of fact in potential future criminal proceedings – where investigation of potential criminal offences incomplete and no decision to prosecute has been made
Legislation: Corporations Act 2001 (Cth) ss 420, 601ED(5), 911A, 1041E, 1307 Federal Court of Australia Act 1976 (Cth) ss 37AA, 37AE, 37AF(1), 37AG(1)(a), 37AI, 57 Federal Court Rules 2011 (Cth) rr 14.21, 14.22 Criminal Code 1913 (WA) s 409
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