Recent Cases

Australian Securities and Investments Commission v Taylor [2023] FCAFC 189 (06 December 2023) (Mortimer CJ; O’Bryan and Abraham JJ)


Catchwords:


CORPORATIONS – where there is a disciplinary proceeding against an auditor – where there are concurrent criminal proceedings regarding the conduct the subject of the disciplinary proceeding – where the auditor makes an application for a stay of the disciplinary proceeding – where the Companies Auditors Disciplinary Board refuses the stay – judicial review of decision not to stay by primary judge – where there is an undertaking given by auditor not to perform the duties of a registered company auditor in the interim

STATUTORY INTERPRETATION – section 1292 of the Corporations Act 2001 (Cth) – whether s 1292(11) modifies or abrogates the common law rights of an accused – whether prejudice more than arises from the co-existence of criminal proceedings is required to establish that a stay should be granted

Held: appeal dismissed