Federal Court of Australia
Federal Court of Australia
Australian Securities and Investments Commission v Blumenthal [2024] FCA 384 File number: NSD 1533 of 2023
Judgment of: STEWART J
Date of judgment: 12 April 2024
Date of publication of reasons: 17 April 2024
Catchwords: CORPORATIONS – where parties jointly seek agreed declarations and penalty orders in relation to admitted contraventions of the Corporations Act 2001 (Cth) – where contravening conduct concerned breaches by the defendant of his directors' duties and provision preventing a person from creating a false or misleading appearance of active trading – where disqualification and pecuniary penalty sought – where contravening conduct serious – where application made for leave pursuant to s 206G of the Corporations Act for disqualified person to manage particular corporations – where suitable limitations proposed with respect to such leave
Legislation: Australian Securities and Investments Commission Act 2001 (Cth) ss 91, 93AA Corporations Act 2001 (Cth) ss 912A, 180(1), 181(1), 206C, 206G, 1041B(1)(b), 1317E, 1317G, 1322 Crimes Act 1914 (Cth) s 4AA Evidence Act 1995 (Cth) s 191
Cases cited: ACCC v Reckitt Benckiser (Australia) Pty Ltd [2016] FCAFC 181; 340 ALR 25 ASIC v Employsure Pty Ltd [2023] FCAFC 5; 407 ALR 302 ASIC v Forex Capital Trading Pty Ltd [2021] FCA 570 ASIC v Westpac Banking Corporation (No 3) [2018] FCA 1701; 131 ACSR 585 Australian Building & Construction Commissioner v Pattinson [2022] HCA 13; 274 CLR 450 Australian Building and Construction Commissioner v Construction, Forestry, Mining and Energy Union [2018] HCA 3; 262 CLR 157 Gillfillan v ASIC [2012] NSWCA 370; ACSR 460 Minister for Industry, Tourism and Resources v Mobile Oil Australia Pty Ltd [2004] FCAFC 72; 26 ATPR 41-993 Nenna v ASIC [2011] FCA 1193; 198 FCR 32 Re HIH Insurance Ltd (in prov liq) and HIH Casualty and General Insurance Ltd (in prov liq); ASIC v Adler [2002] NSWSC 483; 42 ACSR 80 Vines v ASIC [2007] NSWCA 126; 63 ACSR 505
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate