Australian Securities and Investments Commission v SunshineLoans Pty Ltd [2023] FCA 640

Federal Court of Australia

Australian Securities and Investments Commission v SunshineLoans Pty Ltd [2023] FCA 640 File number: QUD 190 of 2022

Judgment of: DERRINGTON J

Date of judgment: 1 June 2023

Date of publication of reasons: 13 June 2023

Catchwords: PRACTICE AND PROCEDURE – Federal Court Rules 2011 (Cth) r 30.01 – application for orders that questions be heard separately by the Full Court – whether the requirement in Federal Court Rules 2011 (Cth) r 30.01(2) should be dispensed with – whether a trial would be required regardless of the determination of the separate questions – where the application was made several months after orders fixing dates for the trial of the proceedings – where preparations for the trial are substantially complete – application dismissed STATUTORY INTERPRETATION – definition of "civil penalty provision" in s 5(1) of the National Consumer Credit Protection Act 2009 (Cth) – whether s 24(1A) of the National Credit Code is a "civil penalty provision" – whether the Australian Securities and Investments Commission has standing to apply for orders under ss 166 and 167 of the National Consumer Credit Protection Act 2009 (Cth) for alleged contraventions of s 24(1A) of the National Credit Code

Legislation: Acts Interpretation Act 1901 (Cth) Federal Court of Australia Act 1976 (Cth) National Consumer Credit Protection Act 2009 (Cth) Federal Court Rules 2011 (Cth)

Cases cited: A Child (by his next friend, Arthur) v Secretary, Department of Immigration and Citizenship (Cth) (No 3) (2012) 125 ALD 69 Latteria Holdings Pty Ltd v Corcoran Parker Pty Ltd (No 2) (2014) 146 ALD 59