Federal Court of Australia
Federal Court of Australia
Australian Securities and Investments Commission v Latitude Finance Australia (No 3) [2024] FCA 1433 File number(s): NSD 843 of 2022
Judgment of: WIGNEY J
Date of judgment: 10 December 2024
Catchwords: CONSUMER LAW – where declarations regarding contraventions of the ASIC Act made following a liability judgment – where relief hearing yet to take place – where defendants appealed the declarations – whether applications for leave to appeal of declaration affects the relief hearing timetable – consideration of the overarching purpose of the Federal Court's practice and procedure provisions – where existing timetable would cause inefficiency and wasted resources – orders made vacating and varying relief hearing timetable until hearing of leave to appeal applications
Legislation: Australian Securities and Investments Commission Act 2001 (Cth) Federal Court of Australia Act 1976 (Cth) ss 25(2), 37M Federal Court Rules 2011 (Cth) r 36.08
Cases cited: Australian Securities and Investments Commission v Latitude Finance Australia (No 2) [2024] FCA 1205 Powerflex Services Pty Ltd v Data Access Corp (1996) 67 FCR 65
Division: General Division
Registry: New South Wales
National Practice Area: Commercial and Corporations
Sub-area: Regulator and Consumer Protection
Number of paragraphs: 17
Date of hearing: 10 December 2024
Counsel for the Plaintiff Ms N Sharp SC and Mr S Jayasuriya
Solicitor for the Plaintiff: Australian Securities and Investments Commission
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