CORPORATIONS — fragmentation of criminal proceedings — prosecution for an alleged contravention of s 631 of the Corporations Act 2001 (Cth) — examination under s 19 of the Australian Securities and Investments Commission Act 2001 (Cth) — civil proceedings challenging the lawfulness of the exercise of s 19 power by ASIC — operation of ss 49, 68 and 76 of the ASIC Act — fruits of s 19 examination given to Commonwealth DPP — whether civil proceedings fragmenting criminal proceedings — discussion of the concept of fragmentation — permanent stay of civil proceedings refused at first instance — grant of a temporary stay — whether primary judge had jurisdiction to entertain the civil proceedings — s 39B(1A)(c) of the Judiciary Act 1903 (Cth) — discussion of effect of ss 1337A, 1337B and 1337D of the Corporations Act — extension of time given — leave to appeal granted — appeal dismissed
Original article available at: https://www.judgments.fedcourt.gov.au/judgments/Judgments/fca/full/2025/2025fcafc0151For more information, see the original judgement.
