Australian Securities and Investments Commission v GetSwift Limited [2020] FCA 504

Australian Securities and Investments Commission v GetSwift Limited [2020] FCA 504

The application for an adjournment is refused because the Court is satisfied that the hearing can be conducted justly and effectively using remote technology, that appropriate safeguards and accommodations can be made for parties and witnesses, and that the seriousness of the case and the broader interests of justice—including timely resolution—militate against further delay.

Jurisdiction
Australia
Judgment Date
09 April 2020
Procedural Posture
Civil Penalty Proceeding / Interlocutory Application to Adjourn Hearing
Outcome
Application for adjournment dismissed
Legal Topics
['adjournment Applications' 'virtual Hearings' 'remote Evidence' 'covid 19 Court Measures' 'open Justice']
['practice and Procedure' 'corporations Law'] ['adjournment Applications' 'virtual Hearings' 'remote Evidence' 'covid 19 Court Measures' 'open Justice']

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Procedural Posture

Civil Penalty Proceeding / Interlocutory Application to Adjourn Hearing

Legal Issues

  1. 1 ['Whether the trial should be adjourned due to the COVID-19 pandemic and the requirement for remote hearings.' "Whether proceeding with a virtual trial would prejudice the parties' ability to participate or the court's ability to assess evidence and witnesses."]

Ratio Decidendi

The application for an adjournment is refused because the Court is satisfied that the hearing can be conducted justly and effectively using remote technology, that appropriate safeguards and accommodations can be made for parties and witnesses, and that the seriousness of the case and the broader interests of justice—including timely resolution—militate against further delay.

Court Disposition

Application for adjournment dismissed

Orders

  • ['The application for an adjournment of the hearing listed to commence on 9 June 2020 be dismissed.' 'There should be no costs consequent upon the dismissal of the application.']