Federal Court of Australia
Federal Court of Australia
Australian Securities and Investments Commission v OnePath Custodians Pty Ltd [2023] FCA 1485 File number: NSD 1306 of 2021
Judgment of: STEWART J
Date of judgment: 29 November 2023
Catchwords: SUPERANNUATION – where the trustee of a superannuation fund has admitted to engaging in misleading or deceptive conduct in relation to financial services – where parties have agreed a statement of facts and the proposed form of declaratory relief, aggregate pecuniary penalty, the terms of an adverse publicity notice and payment of costs – whether the proposed penalty is within an appropriate range – whether other relief should be granted
Legislation: Australian Securities and Investment Commission Act 2001 (Cth), ss 12DA(1), 12DB(1)(g), 12DB(1)(i) Corporations Act 2001 (Cth), s 912A(1)(a) Evidence Act 1995 (Cth) s 191 Federal Court Rules 2011 (Cth) r 2.32(2)
Cases cited: Australian Building & Construction Commissioner v Pattinson [2022] HCA 13; 274 CLR 450 Australian Building and Construction Commissioner v Construction, Forestry, Mining and Energy Union [2017] FCAFC 113; 254 FCR 68 Australian Building and Construction Commissioner v Construction, Forestry, Mining and Energy Union [2018] HCA 3; 262 CLR 157 Australian Competition and Consumer Commission v Employsure Pty Ltd [2023] FCAFC 5; 407 ALR 302; 164 ACSR 103 Minister for the Environment, Heritage and the Arts v PGP Developments Pty Ltd [2010] FCA 58; 183 FCR 10
Division: General Division
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