Federal Court of Australia
FEDERAL COURT OF AUSTRALIA Australian Securities and Investments Commission v Marco (No 18) (Funding Agreement Approval) [2025] FCA 1 File numbers: WAD 481 of 2018 WAD 40 of 2024
Judgment of: FEUTRILL J
Date of judgment: 6 January 2025
Catchwords: CORPORATIONS – special purpose receivers of unregistered managed investment scheme – special purpose liquidators of an operator of the scheme – application for Court approval of and directions concerning special purpose receivers and special purpose liquidators entering into litigation funding agreement PRACTICE AND PROCEDURE – application for suppression and non-publication orders – confidential and commercially sensitive information – information disclosed to support approval of officer of the Court entering into a litigation funding agreement
Corporations Act 2001 (Cth) ss 424, 477(2B), 601EE, 601EE(2); Pt 5.4B Legislation: Insolvency Practice Schedule (Corporations) ss 90-15(1), 90-20 Federal Court of Australia Act 1976 (Cth) ss 23, 37AF, 37AG(1)(a), 37AI, 37M Federal Court Rules 2011 (Cth) rr 2.25(1)(b)(ii), 2.32(1)(b), 2.32(3)(a), 2.32(4), 8.21, 9.08, 14.23
Cases cited: Australian Securities and Investments Commission v Marco (No 13) [2023] FCA 83 Australian Securities and Investments Commission v Marco (No 16) [2024] FCA 1000 [R]
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