1-11-19 / Damian Clothier QC, Nicholas Andreatidis QC — Appellate, Judicial Review & Administrative
Following the delivery of reasons, the Court of Appeal directed submissions be made by the parties as to the appropriate form of orders. The Court accepted that the appropriate orders to be made were those urged on behalf of New Acland. In effect, the Court of Appeal determined that in…
18-6-19 / Damian Clothier QC, Bianca Kabel — Corporations, Appellate
This decision related to the question of penalty in respect of the appellant. The appellant had succeeded in the primary appeal in setting aside declarations that he had breached duties as an “officer” of the relevant company, on the basis that he was not an officer at the time on…
18-12-18 / Damian Clothier QC, Bianca Kabel — Appellate, Corporations
The Australian Securities and Investments Commission (“ASIC”) brought a civil penalty case against MFS Investment Management Ltd (“MFSIM”) and various directors, officers and employees of the MFS Group of companies. The primary judge found that MFSIM, the responsible entity for the Premium Income Fund (“PIF”), caused payments of $130 million…
25-8-17 / Damian Clothier QC, Stewart Webster — Appellate, Judicial Review & Administrative, Resources & Energy
Whether the trial judge erred in deciding that the Federal Minister's decision under the Environment Protection and Biodiversity Conservation Act 1999 (Cth) was not affected by legal error.
24-8-17 / Damian Clothier QC, Stewart Webster — Appellate, Resources & Energy, Judicial Review & Administrative
Whether trial judge erred in deciding that the Minister's decision to grant a mining lease was not affected by legal error.