KPMG (a firm) v. Commonwealth of Australia and Anor
Case No.
M66/2010
Case Information
Catchwords
Constitutional law — Operation and effect of Commonwealth Constitution — Powers with respect to property — Power to acquire property on just terms (Constitution s 51(xxxi)) — Acquisition of property — Where Australian Securities and Investment Commission (“ASIC”) has power to cause proceedings to be brought in the name of a company for recovery of damages or property in certain circumstances — Where ASIC caused proceedings to be brought against plaintiff in the name of various companies — Whether the commencement of proceedings in the name of a company by ASIC effects an acquisition of property on other than just terms — Australian Securities and Investment Commission Act 2001 (Cth) s 50.
Documents
18/05/2010 Writ of summons
18/05/2010 Notice of constitutional matter
11/08/2010 Hearing (Single Justice, Melbourne)
06/01/2011 Written submissions (Plaintiff)
06/01/2011 Chronology
17/01/2011 Written submissions (Defendants)
27/01/2011 Reply
01/02/2011 Notice of Discontinuance
01/02/2011 Hearing (Full Court, Canberra)