Federal Court of Australia
Federal Court of Australia
Australian Securities and Investments Commission v Money3 Loans Pty Ltd (Trial Ruling No 2 - Witness Unavailability) [2025] FCA 110 File number(s): VID 350 of 2023
Judgment of: MCELWAINE J
Date of judgment: 13 February 2025
Catchwords: PRACTICE AND PROCEDURE-Evidence Act 1995 (Cth), s 63-previous representation-witness not available despite service of subpoena-whether all reasonable steps have been taken by the applicant to compel the witness to give evidence-failure of applicant to explain why no application was made for the issue of a warrant for the arrest of the witness-whether in any event reasonable notice of the intention to adduce the evidence was given as required by s 67- held application refused.
Legislation: Evidence Act 1995 (Cth) ss 63(1), 63(2), 67 Federal Court of Australia Act 1976 (Cth) ss 37M, 37N Federal Court Rules 2011 (Cth) r 41.05 Evidence Act 2008 (Vic)
Cases cited: Darlaston v Parker [2010] FCA 771;(2010) 189 FCR 1 Huang v Wei [2022] NSWSC 222 Puchalski v R [2007] NSWCCA 220 R v Darmody [2010] VSCA 41;(2010) 25 VR 209
Division: General Division
Registry: Victoria
National Practice Area: Commercial and Corporations
Sub-area: Regulator and Consumer Protection
Number of paragraphs: 37
Date of hearing: 5-10, 12-17 February 2025
Counsel for the Applicant: S R Senathirajah KC with R J Boadle
Solicitor for the Applicant: Australian Government Solicitor
Counsel for the Respondent: C M Caleo KC with C van Proctor
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate