Federal Court of Australia
Federal Court of Australia
Australian Securities and Investments Commission v Latitude Finance Australia [2023] FCA 655 File number: NSD 843 of 2023
Judgment of: YATES J
Date of judgment: 19 June 2023
Catchwords: PRACTICE AND PROCEDURE – discovery – application for non-standard discovery by categories pursuant to r 20.15 of the Federal Court Rules 2011 (Cth) – where defendants do not object to discovery being given of certain categories of documents – where defendants have already produced documents pursuant to notices issued under ss 19 and 33 of the Australian Securities and Investments Commission Act 2001 (Cth) – application allowed in part
Legislation: Australian Securities and Investments Commission Act 2001 (Cth) ss 12DA, 12DB, 12DF, 19, 33 Federal Court of Australia Act 1976 (Cth) s 37AF Federal Court Rules 2011 (Cth) rr 8.05, 20.11, 20.14, 20.15
Cases cited: Campomar Sociedad Limitada v Nike International Ltd [2000] HCA 12; 202 CLR 45 Taco Company of Australia Inc v Taco Bell Pty Ltd (1982) 42 ALR 177
Division: General Division
Registry: New South Wales
National Practice Area: Commercial and Corporations
Sub-area: Regulator and Consumer Protection
Number of paragraphs: 50
Date of hearing: 14 June 2023
Counsel for the Plaintiff: Ms N Sharpe SC and Mr S Speirs
Solicitor for the Plaintiff: Australian Securities and Investments Commission
Counsel for the First Defendant: Ms M Ellicott
Solicitor for the First Defendant: King & Wood Mallesons
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