Federal Court of Australia
Federal Court of Australia
Australian Securities and Investments Commission v Atkins, in the matter of Magnolia Capital Pty Ltd (in liquidation) [2023] FCA 714 File number: NSD 559 of 2023
Judgment of: STEWART J
Date of judgment: 28 June 2023
Catchwords: PRACTICE AND PROCEDURE – third party request for access to documents on the electronic court file – where documents relied upon in open court – where party objects to access and seeks suppression orders – whether documents confidential by reason of the Australian Securities and Investments Commission Act 2001 (Cth) – applicable principles and consideration of the interests of justice
Legislation: Australian Securities and Investments Commission Act 2001 (Cth) ss 13, 19, 22, 76, 127 Corporations Act 2001 (Cth) ss 533, 1274(2)(a)(iv), 1323 Federal Court of Australia Act 1976 (Cth) ss 17, 37AF, 37AG(1)(a) Federal Court Rules 2011 (Cth) rr 2.32(2)(a), 2.32(4)
Cases cited: Johns v Australian Securities Commission [1993] HCA 56; 178 CLR 408 Maronis Holdings Ltd & Ors v Nippon Credit Australia Ltd & Ors [2000] NSWSC 138; 18 ACLC 609 Mercedes Holdings Pty Ltd v Walters (No 7) [2013] FCA 138 Re Trio Capital Ltd [2010] NSWSC 454; 239 FLR 99 Shipley v Masu Financial Management Pty Ltd [2008] NSWSC 1187; 68 ACSR 412
Division: General Division
Registry: New South Wales
National Practice Area: Commercial and Corporations
Sub-area: Regulator and Consumer Protection
Number of paragraphs: 36
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