Australian Securities and Investments Commission v Ostrava Equities Pty Ltd (Penal Notice) [2024] FCA 1056

FEDERAL COURT OF AUSTRALIA

Australian Securities and Investments Commission v Ostrava Equities Pty Ltd (Penal Notice) [2024] FCA 1056 File number(s): VID 201 of 2015

Judgment of: HESPE J

Date of judgment: 12 September 2024

Catchwords: PRACTICE AND PROCEDURE – interlocutory application to vary final orders entered – whether order should be amended to include an endorsement under r 41.06 – where there is significant delay between order being made and application to vary order – where other enforcement mechanisms may be available

Legislation: Corporations Act 2001 (Cth) ss 761A, 763A, 763C, 764A, 766A Federal Court of Australia Act 1976 (Cth) s 37M Corporations Regulations 2001 (Cth) r 7.1.33 Federal Court Rules 2011 (Cth) rr 1.32, 39.05, 41.06, Part 41

Cases cited: Australian Competition and Consumer Commission v True Alliance Trading Pty Ltd (formerly, Reebok Australia Pty Ltd) (No 2) [2017] FCA 990 Australian Securities and Investments Commission v ActiveSuper Pty Ltd (No 4) [2013] FCA 318 Australian Securities and Investments Commission v Ostrava Equities Pty Ltd [2016] FCA 1064 Australian Securities and Investments Commission v Yandal Gold [2003] FCA 77 Campaign Master (UK) Limited v Forty Two International Pty Ltd (No 4) [2010] FCA 398 De L v Director-General, New South Wales Department of Community Services (No 2) [1997] HCA 14; 190 CLR 207 Director of Consumer Affairs Victoria v Gibson (No 4) [2018] FCA 1868 Mason v MWREDC Limited [2012] FCA 1083 O'Neill v Deputy Commissioner of Taxation [2021] FCA 322 Perre v Apand Pty Ltd [2004] FCA 1220