CORPORATIONS – disqualification orders and pecuniary penalties sought against director and company – where serious contraventions of ss 180, 674(2A) and 1309(1) and (12) of the Corporations Act 2009 (Cth) by director – where serious contravention of s 674(2) of the Act by company – where contraventions involved misleading market and market operator – where contraventions had serious impact on market – where contraventions were deliberate and continuing – where there is an absence of contrition and cooperation – asserted mitigating factors including reliance on external legal advice are not exculpatory – nature and extent of contraventions, protection of the public, and deterrence justify disqualification and pecuniary penalties to be ordered in respect of director – nature and extent of the contraventions and deterrence justify pecuniary penalty to be ordered in respect of company
Original article available at: https://www.judgments.fedcourt.gov.au/judgments/Judgments/fca/single/2025/2025fca0917For more information, see the original judgement.