Federal Court of Australia
Federal Court of Australia
Australian Securities and Investments Commission v Tzouvelis (No 2) [2023] FCA 1149 File number(s): VID 623 of 2022
Judgment of: O'CALLAGHAN J
Date of judgment: 28 September 2023
Catchwords: PRACTICE AND PROCEDURE – referee appointed pursuant to s 54A of the Federal Court of Australia Act 1976 (Cth) – referee appointed to inquire and report on whether documents, in respect of which first respondent claimed legal professional privilege, contain or evidence communications between the respondents, or any of them, and their legal advisers in furtherance of, or as a preparatory step to, either or both "improper purposes" as defined in Australian Securities and Investments Commission v Tzouvelis [2023] FCA 431 – whether referee report should be adopted, rejected or varied – matter remitted to referee for further consideration
Legislation: Federal Court of Australia Act 1976 (Cth) ss 21, 54A Federal Court Rules 2011 (Cth) r 28.67
Cases cited: Andrianakis v Uber Technologies Inc [2022] VSC 196 Attorney-General (NT) v Kearney (1985) 158 CLR 500 Australian Securities and Investments Commission v Tzouvelis [2023] FCA 431 AWB Limited v Cole (No 5) (2006) 155 FCR 30 Butler v Board of Trade [1971] 1 Ch 680 Commissioner of the Australian Federal Police v Propend Finance Pty Ltd (1997) 188 CLR 501 Deppro Pty Ltd v Hannah [2009] 1 Qd R 1 Fletcher v Fortress Credit Corporation (Australia) II Pty Ltd [2014] QSC 303 Gulf Conveyor Systems Pty Ltd v Gulf Integrated Systems Solutions Pty Ltd [2020] FCA 1245 Gurtler v Finance Now Pty Ltd [2007] FCA 477 Pigozzo v Mineral Resources Ltd [2022] FCA 1166 Re Moage Ltd (In Liquidation) (1998) 82 FCR 10 Selak v National Tiles Co Pty Ltd [2023] VSC 446
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