Visnic v Australian Securities and Investments Commission

Constitutional law (Cth) – Separation of powers - Judicial power - The Australian Securities and Investments Commission ("ASIC") disqualified the plaintiff from managing corporations pursuant to s 206F of the Corporations Act 2001 (Cth) - Whether the power of disqualification contained in s 206F of the Corporations Act 2001 (Cth) invalidly confers the judicial power of the Commonwealth upon ASIC.

Constitutional law (Cth) – Separation of powers - Whether a power of disqualification can validly be conferred concurrently upon a Chapter III court and an administrative body - Relevance of the existence of curial powers of disqualification alongside those conferred upon ASIC - Relevance of chameleon principle - Whether conferral of power upon an administrative body is an impermissible circumvention of Ch III of the Constitution.

Constitutional law (Cth) – Judicial power - Meaning of judicial power -Whether the maintenance of professional standards involves the exercise of judicial power - Whether the determination of the "public interest" involves the exercise of judicial power.

Words and phrases – "chameleon principle", "disqualification", "functional analysis", "judicial power of the Commonwealth", "public interest".

Constitution – Ch III.

Corporations Act 2001 (Cth) – Pt 2D.6 ss 206F, 1317E.