Full Court Minute Books

Case M79/2018

Australian Securities & Investments Commission v. Lewski & Anor
Australian Securities & Investments Commission v. Wooldridge & Anor
Australian Securities & Investments Commission v. Butler & Anor
Australian Securities & Investments Commission v. Jaques & Anor
Australian Securities & Investments Commission v. Clarke & Anor

Case Nos.

M79/2018, M80/2018, M81/2018, M82/2018, M83/2018

Case Information

Lower Court Judgment

1/11/2017 Federal Court of Australia (Greenwood J, Middleton J, Foster J)

[2017] FCAFC 171

Catchwords

Corporations – Managed investment schemes – Third party transactions – Corporations Act 2001 (Cth) ss 208, 209, 601FC, 601FD, 601GC – Where directors resolved to lodge deed purporting to amend constitution to authorise payment of fee to responsible entity – Where appellant brought civil penalty proceedings for contraventions of Act against responsible entity and directors – Where trial judge concluded directors breached duties in resolving to lodge deed and authorising payment of fee – Where Full Court allowed appeals – Whether Full Court erred in concluding deed purporting to amend constitution valid until set aside by Court – Whether Full Court erred in concluding deed binding on responsible entity – Whether Full Court erred in failing to find directors involved in contravention of s 208 by authorising payment of fee to responsible entity.

Documents*

18/05/2018 Hearing (SLA, Sydney)

01/06/2018 Notice of appeal

19/06/2018 Submitting appearance - all matters (Second Respondent)

26/06/2018 Submitting appearance - Clarke (First Respondent)

06/07/2018 Written submissions - Lewski (Appellant)

06/07/2018 Written submissions - Wooldridge (Appellant)

06/07/2018 Written submissions - Butler (Appellant)

06/07/2018 Written submissions - Jaques (Appellant)

06/07/2018 Written submissions - Clarke (Appellant)

06/07/2018 Joint Chronology (Appellant)

03/08/2017 Written submissions - Lewski (First Respondent)

03/08/2018 Written submissions - Wooldridge (First Respondent)

03/08/2018 Written submissions - Butler (First Respondent)

03/08/2018 Written submissions - Jaques (First Respondent)

24/08/2018 Reply - Lewski

24/08/2018 Reply - Wooldridge

24/08/2018 Reply - Butler

24/08/2018 Reply - Jaques

17/10/2018 Hearing (Full Court, Canberra)

*The due dates shown for documents on this page are indicative only.