Federal Court of Australia
Federal Court of Australia
Australian Securities and Investments Commission v Murphy [2024] FCA 861 File number: NSD 1099 of 2020
Judgment of: KENNETT J
Date of judgment: 29 July 2024
Date of publication of reasons for judgment: 2 August 2024
Catchwords: PRACTICE AND PROCEDURE – application for leave to discontinue proceeding under r 26.12 of the Federal Court Rules 2011 (Cth) (Rules) – where plaintiff entitled to discontinue with consent of second defendant under r 26.12(2)(b) of Rules – where plaintiff requires leave to discontinue proceeding against first defendant under r 26.12(2)(c) of Rules
Legislation: Australian Securities and Investments Commission Act 2001 (Cth) Corporations Act 2001 (Cth) Crimes Act 1914 (Cth) s 20B, 20BA, 20BC Freedom of Information Act 1982 (Cth) Federal Court Rules 2011 (Cth) r 26.12
Cases cited: Mineralogy Pty Ltd v National Native Title Tribunal (unreported, Lee, Tamberlin and Nicholson JJ, 23 December 1998) Rickus v Motor Trades Association of Australia Superannuation Fund Pty Ltd [2010] FCAFC 16; 265 ALR 112
Division: General Division
Registry: New South Wales
National Practice Area: Commercial and Corporations
Sub-area: Regulator and Consumer Protection
Number of paragraphs: 15
Date of hearing: 29 July 2024
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