Shafron v Australian Securities and Investments Commission [2012] NSWCA 255

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Shafron v Australian Securities and Investments Commission [2012] NSWCA 255 Hearing dates: 15 August 2012 Decision date: 15 August 2012 Before: Barrett JA Decision: Joint application for consent orders to be referred to designated bench of three judges with a view to being dealt with on the papers. [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.] Catchwords: PROCEDURE - Court of Appeal - powers of single Judge of Appeal - civil penalty proceedings under Corporations Act 2001 (Cth) - questions of penalty and costs remitted by High Court to Court of Appeal -parties reach agreement thereon and seek consent orders - whether single Judge of Appeal should make such orders. Legislation Cited: Corporations Act 2001 (Cth), Part 4.9B, s 317J(1) Supreme Court Act 1970, s 46(1) Cases Cited: Australian Securities and Investments Commission v Elm Financial Services Pty Ltd [2005] NSWSC 1020; (2005) 55 ACSR 411 Australian Securities and Investments Commission v Ingleby [2012] VSC 339 Australian Securities and Investments Commission v Lindberg [2012] VSC 332 Category: Interlocutory applications Parties: Peter James Shafron - Appellant Australian Securities and Investments Commission - Respondent Representation: R P L Lancaster SC/N J Owens - Appellant A J L Bannon SC - Respondent Middletons - Appellant Clayton Utz - Respondent File Number(s): 2012/195077