ML v Australian Securities and Investments Commission [2013] NSWCA 109

ML v Australian Securities and Investments Commission [2013] NSWCA 109

The Supreme Court of New South Wales lacked jurisdiction to entertain the application to stay disciplinary proceedings before the Board, as any such jurisdiction was precluded by s 9 of the ADJR Act and not rescued by s 1337B(3) of the Corporations Act in the absence of related proceedings; if jurisdiction had existed, a stay would not have been granted on the facts as no criminal charges had been laid and public interest supported continuation of the disciplinary process.

Jurisdiction
Australia
Judgment Date
02 May 2013
Procedural Posture
Procedural and Other Rulings / Interlocutory Application for Stay and Non Publication Order; Appeal From Common Law Division Decision
Outcome
Application dismissed for want of jurisdiction. Application for stay of disciplinary board proceedings dismissed. Interim non-publication order continued in modified form. Costs awarded to first respondent.
Legal Topics
['jurisdiction of State Courts' 'judicial Review' 'suppression and Non Publication Orders' 'stay of Proceedings' 'federal Jurisdiction' 'disciplinary Proceedings' 'self Incrimination' 'public Interest']
['administrative Law' 'constitutional Law' 'civil Procedure'] ['jurisdiction of State Courts' 'judicial Review' 'suppression and Non Publication Orders' 'stay of Proceedings' 'federal Jurisdiction' 'disciplinary Proceedings' 'self Incrimination' 'public Interest']

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Procedural Posture

Procedural and Other Rulings / Interlocutory Application for Stay and Non Publication Order; Appeal From Common Law Division Decision

Legal Issues

  1. 1 ['Whether the Supreme Court of New South Wales has jurisdiction to grant a stay of disciplinary proceedings before a Commonwealth authority (the Board) when no criminal charges have been laid but may be possible in the future.' 'Whether the conferral of jurisdiction on State Supreme Courts under s 1337B(3) of the Corporations Act 2001 (Cth) is overridden by the requirement to transfer proceedings to the Federal Court under s 1337H.' 'Whether s 9 of the Administrative Decisions (Judicial Review) Act 1977 (Cth) excludes the jurisdiction of the Supreme Court in this case.' "Whether a non-publication order should be made regarding the applicant's identity."]

Ratio Decidendi

The Supreme Court of New South Wales lacked jurisdiction to entertain the application to stay disciplinary proceedings before the Board, as any such jurisdiction was precluded by s 9 of the ADJR Act and not rescued by s 1337B(3) of the Corporations Act in the absence of related proceedings; if jurisdiction had existed, a stay would not have been granted on the facts as no criminal charges had been laid and public interest supported continuation of the disciplinary process.

Court Disposition

Application dismissed for want of jurisdiction. Application for stay of disciplinary board proceedings dismissed. Interim non-publication order continued in modified form. Costs awarded to first respondent.

Orders

  • ['The name of the applicant and information which will allow him to be identified is not to be published.' 'Order 1 is an interim order under s 8(1)(a) of the Court Suppression and Non-publication Orders Act 2010 (NSW) as necessary to prevent prejudice to the proper administration of justice and is to continue until...