High Court of Australia
HIGH COURT OF AUSTRALIA
GLEESON CJ,
GUMMOW, KIRBY, HAYNE, CALLINAN, HEYDON AND CRENNAN JJ
Matter No S356/2006
RICHARD ALBARRAN APPELLANT
AND
MEMBERS OF THE COMPANIES AUDITORS AND
LIQUIDATORS DISCIPLINARY BOARD & ANOR RESPONDENTS
Matter No S361/2006
VANDA RUSSELL GOULD APPELLANT
AND
DONALD MAGAREY & ORS RESPONDENTS
Albarran v Members of the Companies Auditors and Liquidators Disciplinary Board
Gould v Magarey
[2007] HCA 23
24 May 2007
S356/2006 & S361/2006
ORDER
In each matter, the appeal is dismissed.
On appeal from the Federal Court of Australia
Representation
N Perram SC with A D Crossland for the appellant in Matter No S356/2006 (instructed by NOT Lawyers)
B W Walker SC with P J Brereton and P Kulevski for the appellant in Matter No S361/2006 (instructed by Henry Davis York)
Submitting appearances for the first and second respondents in both matters
Intervener
H C Burmester QC with K L Eastman intervening on behalf of the Attorney-General of the Commonwealth in both matters (instructed by Australian Government Solicitor)
Notice: This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.
CATCHWORDS
Albarran v Members of the Companies Auditors and Liquidators Disciplinary Board
Gould v Magarey
Constitutional law (Cth) – Separation of powers – Judicial power – On the application of the Australian Securities and Investments Commission, the Companies Auditors and Liquidators Disciplinary Board ("the Board") suspended the registration of the appellants as liquidators pursuant to s 1292 of the Corporations Act 2001 (Cth) – Whether s 1292 of the Corporations Act 2001 (Cth) invalidly confers the judicial power of the Commonwealth upon the Board.
Constitutional law (Cth) – Judicial power – Meaning of judicial power – Whether disciplinary proceedings involve the exercise of judicial power – Whether the determination of wrongdoing or impropriety involves the exercise of judicial power – Whether the capacity to affect the appellants' "status" as registered liquidators involves the exercise of judicial power.
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