Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Australian Securities and Investments Commission v M101 Nominees Pty Ltd (in liq) (No 6) [2023] FCA 1276 File number(s): VID 524 of 2020
Judgment of: O'CALLAGHAN J
Date of judgment: 25 October 2023
Catchwords: PRACTICE AND PROCEDURE – where Full Court made order remitting "matter" for hearing and determination – where ambiguity in terms of order – question of the scope and proper construction of remittal order considered – relevant principles discussed – whether new claims contained in amended originating process were within the scope of the remittal order – whether leave granted to applicant to file and serve an amended originating process should be revoked – whether late made claims should be allowed in any event where no explanation for delay provided
Legislation: Australian Securities and Investments Act 2001 (Cth) ss 12DA, 12DB, 12GB, 12GBB, 12GD, 12GLD Corporations Act 2001 (Cth) ss 9, 79, 206D, 206E, 911A, 1041H, 1101B, 1324 Federal Court of Australia Act 1976 (Cth) ss 21, 23, 28
Cases cited: Aon Risk Services Australia Pty Ltd v Australian National University (2009) 239 CLR 175 Australian Securities and Investments Commission v M101 Nominees Pty Ltd (No 3) [2021] FCA 354; (2021) 153 ACSR 230 Community and Public Sector Union v Telstra Corporation Ltd (No 2) (2001) 112 FCR 324 Fernando v Commonwealth (2014) 231 FCR 251 Harvard Nominees Pty Ltd v Tiller (No 4) [2022] FCA 105; (2022) 403 ALR 498 Mawhinney v Australian Securities and Investments Commission (2022) 294 FCR 375 Mawhinney v Australian Securities and Investments Commission (No 2) [2022] FCAFC 205 Nation v Repatriation Commission (No 2) [1994] FCA 1038; (1994) 37 ALD 63 R v Carroll (2010) 77 NSWLR 45 Repatriation Commission v Nation (1995) 57 FCR 25 University of Wollongong v Metwally (No 2) [1985] HCA 28; (1985) 59 ALJR 481 Water Board v Moustakas (1988) 180 CLR 491 Whisprun Pty Ltd v Dixon [2003] HCA 48; (2003) 77 ALJR 1598
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