Australian Securities and Investments Commission v Select AFSL Pty Ltd [2022] FCA 785

Australian Securities and Investments Commission v Select AFSL Pty Ltd [2022] FCA 785

Leave to amend pleadings was granted in respect of the second and third categories, and for minor amendments, because the explanation for delay was adequate, the defendants were on notice, prejudice could be cured by adjournment and costs orders, and there was substantial public interest in hearing the case. Leave in respect to the first category was refused due to insufficient explanation for timing.

Jurisdiction
Australia
Judgment Date
08 July 2022
Procedural Posture
Interlocutory Application / Application for Leave to Amend Pleadings
Outcome
Leave to amend pleadings granted in part; refused in part
Legal Topics
['amendment of Pleadings' 'statutory Unconscionability' 'consumer Protection' 'public Interest' 'prejudice and Adjournment']
['practice and Procedure' 'commercial and Corporations' 'regulator and Consumer Protection'] ['amendment of Pleadings' 'statutory Unconscionability' 'consumer Protection' 'public Interest' 'prejudice and Adjournment']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Interlocutory Application / Application for Leave to Amend Pleadings

Legal Issues

  1. 1 ['Whether leave should be granted to amend pleadings under r 16.53 of the Federal Court Rules 2011 (Cth)' 'Adequacy of explanation for delay in seeking amendments' 'Public interest in adjudicating consumer protection disputes' 'Potential prejudice to defendants']

Ratio Decidendi

Leave to amend pleadings was granted in respect of the second and third categories, and for minor amendments, because the explanation for delay was adequate, the defendants were on notice, prejudice could be cured by adjournment and costs orders, and there was substantial public interest in hearing the case. Leave in respect to the first category was refused due to insufficient explanation for timing.

Court Disposition

Leave to amend pleadings granted in part; refused in part

Orders

  • ['Leave to amend in respect of first category of proposed amendments refused' 'Leave to amend in respect of second and third categories of proposed amendments granted' "Leave to amend granted for minor changes to description of Vulnerable Consumers' characteristics" 'Leave granted to file Further Amended Statement...