Australian Securities and Investments Commission v Alshakshir [2025] FCA 19

Federal Court of Australia

Australian Securities and Investments Commission v Alshakshir [2025] FCA 19 File number: VID 51 of 2025

Judgment of: SNADEN J

Date of judgment: 22 January 2025

Date of publication of reasons: 24 January 2025

Catchwords: PRACTICE AND PROCEDURE – interlocutory application for urgent interim relief – where plaintiff seeks travel orders preventing defendant from leaving Australia pursuant to s 1323 of Corporations Act 2001 (Cth) – where ex parte orders made and application adjourned to allow inter partes hearing – where plaintiff has commenced investigation into defendant and associated entities – where defendant has cooperated with investigation to date – where defendant has significant history of overseas travel – where defendant has recently listed residential property for sale – where defendant intends to relocate some business interests to Indonesia – where defendant has recently purchased return flight to Indonesia – where defendant has family ties to Australia – whether defendant is a "flight risk" – whether public interest favours interim orders – application dismissed.

Legislation: Corporations Act 2001 (Cth) s 1323

Cases cited: Australian Securities and Investments Commission v ActiveSuper Pty Ltd (No 4) [2013] FCA 318 Australian Securities and Investments Commission v Johnston [2009] FCA 1276 Australian Securities and Investments Commission v Wiggins (1998) 90 FCR 314 Re Richstar Enterprises Pty Ltd; Australian Securities and Investments Commission v Carey (No 3) (2006) 232 ALR 577

Division: General Division

Registry: Victoria