Aboriginal Legal Service Ltd & Anor v Australian Securities Commission & Ors [1996] FCA 646
Procedural fairness requires that persons potentially affected by adverse findings be given notice and an opportunity to comment on adverse material, but does not require provision of the entire transcript of examinations where all adverse material has been disclosed and there is no evidence of undisclosed adverse or exculpatory material.
- Jurisdiction
- Australia
- Judgment Date
- 24 September 1996
- Procedural Posture
- Application for Judicial Review / Final Judgment
- Outcome
- application dismissed
- Legal Topics
- ['procedural Fairness' 'natural Justice' 'investigation by Commission' 'provision of Adverse Material' 'judicial Review']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Application for Judicial Review / Final Judgment
Legal Issues
- 1 ['Whether the Australian Securities Commission was obliged to provide the entire transcripts of examinations conducted by Commission investigators to persons potentially affected by the investigation' 'Whether the Australian Securities Commission failed to afford procedural fairness (natural justice) to the applicants in preparing its report']
Ratio Decidendi
Procedural fairness requires that persons potentially affected by adverse findings be given notice and an opportunity to comment on adverse material, but does not require provision of the entire transcript of examinations where all adverse material has been disclosed and there is no evidence of undisclosed adverse or exculpatory material.
Court Disposition
application dismissed
Orders
- ['The application is dismissed.' 'The applicants pay the respondents’ costs.']
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