Visnic v Australian Securities and Investments Commission [2007] HCA 24

HIGH COURT OF AUSTRALIA

GLEESON CJ,

GUMMOW, KIRBY, HAYNE, CALLINAN, HEYDON AND CRENNAN JJ

MILAN VISNIC PLAINTIFF

AND

AUSTRALIAN SECURITIES AND INVESTMENTS

COMMISSION DEFENDANT

Visnic v Australian Securities and Investments Commission [2007] HCA 24

24 May 2007

S389/2006

ORDER

The action is dismissed.

Representation

A W Street SC with G D Wendler and J S Emmett for the plaintiff (instructed by Van Houten Law)

Submitting appearance for the defendant

Intervener

H C Burmester QC with G M Aitken intervening on behalf of the Attorney-General of the Commonwealth (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

Visnic v Australian Securities and Investments Commission

Constitutional law (Cth) – Separation of powers ­– ­Judicial power – The Australian Securities and Investments Commission ("ASIC") disqualified the plaintiff from managing corporations pursuant to s 206F of the Corporations Act 2001 (Cth) – Whether the power of disqualification contained in s 206F of the Corporations Act 2001 (Cth) invalidly confers the judicial power of the Commonwealth upon ASIC.

Constitutional law (Cth) – Separation of powers – Whether a power of disqualification can validly be conferred concurrently upon a Chapter III court and an administrative body – Relevance of the existence of curial powers of disqualification alongside those conferred upon ASIC – Relevance of chameleon principle – Whether conferral of power upon an administrative body is an impermissible circumvention of Ch III of the Constitution.

Constitutional law (Cth) – Judicial power – Meaning of judicial power –Whether the maintenance of professional standards involves the exercise of judicial power – Whether the determination of the "public interest" involves the exercise of judicial power.