Federal Court of Australia
Federal Court of Australia
Provide Nominees Pty Ltd v Australian Securities and Investments Commission [2024] FCA 303 File number: VID 1063 of 2023
Judgment of: ROFE J
Date of judgment: 27 March 2024
Catchwords: PRACTICE AND PROCEDURE – interlocutory application for summary judgment under s 31A(2) of the Federal Court of Australia Act 1976 (Cth) and r 26.01(1)(a) of the Federal Court Rules 2011 (Cth) – whether pleadings disclose a reasonable cause of action – allegation that ASIC did not have "reason to suspect" that the plaintiff "may have … committed" a contravention of the corporations legislation pursuant to s 13 of the Australian Securities and Investments Commission Act 2001 (Cth) because it did not hold the separate and distinct state of mind in s 16 of the Act – whether necessary to decide application to set aside notice to produce – application for summary judgment allowed.
Legislation: Australian Securities and Investments Commission Act 2001 (Cth) Australian Securities Commission Act 1989 (Cth) Corporations Act 1989 (Cth) Corporations Act 2001 (Cth) Federal Court of Australia Act 1976 (Cth) Trade Practices Act 1974 (Cth) Federal Court Rules 2011 (Cth)
Cases cited: Australian Broadcasting Corporation v Kane [2019] FCA 1312 Australian Securities and Investments Commission v Cassimatis (2013) 220 FCR 256 Australian Securities and Investments Commission v GetSwift Ltd (2023) 167 ACSR 178 Australian Securities and Investments Commission v Maxi EFX Global AU Pty Ltd (2020) 148 ACSR 123 Australian Securities and Investments Commission v Mayfair Wealth Partners Pty Ltd [2021] FCA 1630 Australian Securities and Investments Commission v Mayfair Wealth Partners Pty Ltd (No 2) [2021] FCA 247 Australian Securities and Investments Commission v Provide Nominees Pty Ltd [2023] FCA 1137 Australian Securities Commission v Deloitte Touche Tohmatsu (1996) 70 FCR 93 Australian Securities Commission v Lucas (1992) 36 FCR 165 Deloitte Touche Tohmatsu v Australian Securities Commission (1994) 54 FCR 284 Gloucester Shire Council v Fitch Ratings, Inc [2016] FCA 587 Little River Goldfields NL v Moulds (1991) 32 FCR 456 Prior v South West Aboriginal Land and Sea Council Aboriginal Corporation [2020] FCA 808 Provide Nominees Pty Ltd v Australian Securities and Investments Commission [2024] FCAFC 25 SMEC Holdings Pty Ltd v Commissioner of the Australian Federal Police [2018] FCA 609 Spencer v Commonwealth (2010) 241 CLR 118 Unions NSW v New South Wales (2023) 407 ALR 277 Vines v Australian Securities and Investments Commission (2007) 63 ACSR 505 WA Pines Pty Ltd v Bannerman (1980) 30 ALR 559
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