Australian Securities Commission v Crowley, Bevan Maurice & Ors [1996] FCA 461

Australian Securities Commission v Crowley, Bevan Maurice & Ors [1996] FCA 461

The s 50 application failed because, as a matter of practical reality, there was no sufficient risk that any immediate publicity about the proceeding would prejudice jurors or witnesses in a criminal trial likely to occur about 12 months later. Mr Crowley was not shown to be a well-known identity, the alleged offence was not especially newsworthy, any reporting was unlikely to be sensational, jurors are expected to follow judicial directions, the undertakings were not admissions of past guilt, and there had been no judicial determination that the allegations against him were true.

Jurisdiction
Australia
Judgment Date
22 May 1996
Procedural Posture
Injunction Proceedings Under Corporations Law With Application for Order Restricting Publication Under S 50 of the Federal Court of Australia Act 1976 / Return of Application for Interlocutory Injunction; Undertakings Accepted; Suppression Application Determined
Outcome
The application restricting publication of information relating to the proceedings was dismissed; respondents' undertakings were accepted; the directions hearing was adjourned; costs were reserved.
Legal Topics
['suppression or Non Publication Order' 'prejudice to Administration of Justice' 'interlocutory Injunction' 'misleading or Deceptive Conduct in Connection With Securities' 'jury Prejudice']
['practice and Procedure' 'corporations Law' 'criminal Procedure'] ['suppression or Non Publication Order' 'prejudice to Administration of Justice' 'interlocutory Injunction' 'misleading or Deceptive Conduct in Connection With Securities' 'jury Prejudice']

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

Injunction Proceedings Under Corporations Law With Application for Order Restricting Publication Under S 50 of the Federal Court of Australia Act 1976 / Return of Application for Interlocutory Injunction; Undertakings Accepted; Suppression Application Determined

Legal Issues

  1. 1 ['Whether publication of information relating to the Federal Court proceedings should be forbidden or restricted under s 50 of the Federal Court of Australia Act 1976.' "Whether publication of the proceedings would or might prejudice witnesses or jurors in Mr Crowley's pending criminal proceedings." 'Whether sufficient prejudice to the administration of justice was shown to outweigh the prima facie rule that proceedings of the Court should be in public.']

Ratio Decidendi

The s 50 application failed because, as a matter of practical reality, there was no sufficient risk that any immediate publicity about the proceeding would prejudice jurors or witnesses in a criminal trial likely to occur about 12 months later. Mr Crowley was not shown to be a well-known identity, the alleged offence was not especially newsworthy, any reporting was unlikely to be sensational, jurors are expected to follow judicial directions, the undertakings were not admissions of past guilt, and there had been no judicial determination that the allegations against him were true.

Court Disposition

The application restricting publication of information relating to the proceedings was dismissed; respondents' undertakings were accepted; the directions hearing was adjourned; costs were reserved.

Orders

  • ['Upon the respondents by their counsel undertaking that until the hearing and determination of the application or further order they would not knowingly represent specified photocopies or reproductions of share certificates as originals or capable of providing valuable security, the undertakings were accepted.'...