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ASIC
White v Australian Securities and Investments Commission & Ors [2013] QCA 357 A useful decision considering the principles in McMahon v Gould[7] and competing interests between a civil trial and criminal trial, when considering a stay. Brisbane Barrister – David Cormack
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ASIC v Ingleby [2013] VSCA 49 Issue: Approach to agreed penalty taken in NW Frozen Foods Pty Ltd v Australian Competition and Consumer Commission [1996] FCA 1134; (1996) 71 FCR 285 and Minister for Industry, Tourism and Resources v Mobil Oil Australia Pty Ltd [2004] FCAFC 72 doubted. Weinberg JA with whom Harper JA and...
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Gillfillan & Ors v Australian Securities & Investments Commission [2012] NSWCA 370 I refer to earlier postings. The end result for the Australian directors was a reduced fine of $25,000.00 and disqualification until 30 April 2013, whereas the American directors were fined $20,000.00 and disqualified until 31 December 2012. Prominent in this was the overseas directors participated...
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Australian Securities and Investments Commission v Hellicar & Ors; Shafron v Australian Securities and Investments Commission [2011] HCATrans 293 (25 October 2011) Australian Securities and Investments Commission v Hellicar & Ors; Shafron v Australian Securities and Investments Commission [2011] HCATrans 294 (26 October 2011) Australian Securities and Investments Commission v Hellicar & Ors; Shafron v...
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Braysich v The Queen [2011] HCA 14 (11 May 2011) I refer you to the summary of the judgment in relation to the facts. A central issue for determination was the use of evidence of “good character” in a criminal trial, which is helpfully review by French CJ, Crennan and Kieffel JJ. The evidence of...
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Allens Arthur Robinson In brief: The Full Federal Court recently handed down its appeal decision overturning the trial judge, and finding that Fortescue Metals Group misled the market and failed to comply with its continuous disclosure obligations in connection with announcements to the ASX and the media in 2004. Partner Richard Harris (view CV) ,...
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The first part of the reforms to consumer law via the Australian Consumer Law Bill 2009 received Royal Assent and commenced on 15 April 2010, amending the Trade Practices Act 1974 and Australian Securities and Investments Commission Act 2001. The change has been to introduce civil penalties as opposed to criminal penalties of up to $1.1...
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  ONE-TEL founder Jodee Rich and the company’s former finance director Mark Silbermann have been awarded costs in a landmark win over the corporate regulator.   Read more in theNewLawyer and reproduced with permission.
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ASIC media release 20/11/2009: Mr McCoy was convicted in May 2009 (refer 09-89AD) on five counts of forging cheques following an ASIC investigation into the collapse of Blueprint Developments (Aust) Pty Ltd. Mr McCoy is now required to serve the remaining period of his sentence and will be due for parole on 18 August 2010....
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