Zivanovic v Australian Securities and Investments Commission (No 2) [2018] FCA 676

Zivanovic v Australian Securities and Investments Commission (No 2) [2018] FCA 676

No error of law was committed by the Tribunal in affirming ASIC's decision to disqualify Mr Zivanovic from managing corporations for three years; the Tribunal's findings and exercise of discretion were open on the evidence, consistent with statutory requirements, and considerations of general deterrence provided a...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
17 May 2018
Procedural Posture
Appeal / Judgment
Outcome
appeal dismissed
Legal Topics
['director Disqualification' 'appeal on Question of Law' "director's Duties" 'general Deterrence']
['corporations Law'] ['director Disqualification' 'appeal on Question of Law' "director's Duties" 'general Deterrence']

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Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 ['Whether the Tribunal made an appellable error in affirming the decision to disqualify the applicant from managing corporations under s 206F of the Corporations Act 2001 (Cth)' "Whether there was an error of law with respect to the Tribunal's findings regarding adverse effects of disqualification" "Whether the Tribunal applied the correct standard for directors' duties" 'Whether disqualification was justified absent a finding of need for public protection' 'Whether the Tribunal failed to properly consider or give reasons in respect of s 206F(5) permission']

Ratio Decidendi

No error of law was committed by the Tribunal in affirming ASIC's decision to disqualify Mr Zivanovic from managing corporations for three years; the Tribunal's findings and exercise of discretion were open on the evidence, consistent with statutory requirements, and considerations of general deterrence provided a lawful and sufficient basis for the decision.

Court Disposition

appeal dismissed

Orders

  • ['The appeal be dismissed.' "The applicant pay the respondent's costs of the appeal."]