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Nugawela v Dudley (Trustee) [2023] FCA 1603
PRACTICE AND PROCEDURE – application for security for costs – consideration of prospects of success of appeal – orders for security would not stultify reasonably arguable appeal – appellant’s impecuniosity – history of appellant’s non-compliance with procedural directions – security for costs of appeal ordered Original article available at: https://www.judgments.fedcourt.gov.au/judgments/Judgments/fca/single/2023/2023fca1603For more information, see the original…
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Australian Securities and Investments Commission v Australia and New Zealand Banking Group Limited (No 3) [2023] FCA 1565
CORPORATIONS – continuous disclosure – pecuniary penalty – where, in an earlier judgment, the Court found that the defendant had contravened s 674(2) of the Corporations Act 2001 (Cth) – where the maximum penalty at the relevant time was $1 million – consideration of applicable principles – consideration of appropriate penalty – held: penalty of…
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Australian Securities and Investments Commission v Commonwealth Bank of Australia [2023] FCAFC 135
CORPORATIONS – conflicted remuneration – Div 4 of Pt 7.7A of the Corporations Act 2001 (Cth) (Act) – where the first respondent (CBA) and the second respondent (CFSIL) entered into arrangements whereby CFSIL would develop and manage, and CBA would distribute, a superannuation product – where CFSIL agreed to pay a proportion of net annual…
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