Goodman v Australian Securities and Investments Commission [2004] FCA 1000

Goodman v Australian Securities and Investments Commission [2004] FCA 1000

The application was dismissed because the Board’s decision to proceed to a hearing was not reviewable under the ADJR Act at this stage. The Board is entitled to consider whether accepted Auditing Standards reflect the standard of proper performance of statutory duties under s 309(4) of the Act. The allegations in ASIC’s application are not incapable, as a matter of law, of amounting to a failure under the relevant provisions, and directions concerning the Board’s procedures or jurisdiction are not appropriate for judicial review at this interlocutory point.

Parties
Applicant: Ralph David Goodman; First Respondent: Australian Securities and Investments Commission; Second Respondent: David Magarey, David Olifent and Brian Morris constituting the Companies and Auditors and Liquidators Disciplinary Board
Jurisdiction
Australia
Judgment Date
03 August 2004
Procedural Posture
Order of Review (administrative Law) / Final Judgment
Outcome
Application dismissed
Legal Topics
Auditor Duties, Judicial Review, Procedures for Cancellation of Auditor Registration, Australian Auditing Standards
Corporations Law Administrative Law Auditor Duties Judicial Review Procedures for Cancellation of Auditor Registration Australian Auditing Standards

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Parties

Ralph David Goodman

Applicant

Australian Securities and Investments Commission

First Respondent

David Magarey, David Olifent and Brian Morris constituting the Companies and Auditors and Liquidators Disciplinary Board

Second Respondent

Procedural Posture

Order of Review (administrative Law) / Final Judgment

Legal Issues

  1. 1 Whether the Board had jurisdiction under s 1292(1)(d)(i) or (ii) of the Corporations Act to hear ASIC's application against the applicant
  2. 2 Whether allegations regarding breaches of non-statutory Auditing Standards are capable of amounting to a failure to perform a statutory duty under s 309(4) of the Act
  3. 3 Whether the relief sought under the ADJR Act could be granted at this interlocutory stage

Ratio Decidendi

The application was dismissed because the Board’s decision to proceed to a hearing was not reviewable under the ADJR Act at this stage. The Board is entitled to consider whether accepted Auditing Standards reflect the standard of proper performance of statutory duties under s 309(4) of the Act. The allegations in ASIC’s application are not incapable, as a matter of law, of amounting to a failure under the relevant provisions, and directions concerning the Board’s procedures or jurisdiction are not appropriate for judicial review at this interlocutory point.

Court Disposition

Application dismissed

Orders

  • The application be dismissed.
  • The applicant pay the respondents' costs.