Albarran v Members of the Companies Auditors and Liquidators Disciplinary Board
Gould v Magarey

Constitutional law (Cth) – Separation of powers - Judicial power - On the application of the Australian Securities and Investments Commission, the Companies Auditors and Liquidators Disciplinary Board ("the Board") suspended the registration of the appellants as liquidators pursuant to s 1292 of the Corporations Act 2001 (Cth) - Whether s 1292 of the Corporations Act 2001 (Cth) invalidly confers the judicial power of the Commonwealth upon the Board.

Constitutional law (Cth) – Judicial power - Meaning of judicial power - Whether disciplinary proceedings involve the exercise of judicial power - Whether the determination of wrongdoing or impropriety involves the exercise of judicial power - Whether the capacity to affect the appellants' "status" as registered liquidators involves the exercise of judicial power.

Insolvency – Liquidators - Suspension of registration as liquidator - Role and function of the Board - Whether the functions performed by the Board involved the ascertainment or enforcement of an "existing right or liability" - Whether the function performed by the Board involved the imposition of punishment - Relevance of the composition and membership of the Board - Relevance of the exercise of evaluative or discretionary power - Relevance of historical considerations - Relevance of chameleon principle - Whether the Board exercised judicial power.

Insolvency – Liquidators - Suspension of registration as liquidator - Meaning of "adequately and properly" and "fit and proper" in s 1292(2) of the Corporations Act 2001 (Cth).

Words and phrases – "adequately and properly", "chameleon principle", "disciplinary", "existing right or liability", "fit and proper", "functional analysis", "judicial power of the Commonwealth", "punishment", "registered liquidator", "separation of powers".

Constitution – Ch III.

Australian Securities and Investments Commission Act 2001 (Cth) – ss 203, 204.

Corporations Act 2001 (Cth) – Pts 9.2, 9.6A ss 448B, 532(1), 1292.