Recent Cases

Mawhinney v Australian Securities and Investments Commission [2022] FCAFC 159 (15 September 2022) (Jagot, O’Bryan and Cheeseman JJ)


APPEAL AND NEW TRIAL — appeal against findings of contraventions of Corporations Act and ASIC Act in proceeding for permanent injunctions — where ASIC conducted case on basis that no findings of contraventions necessary for injunctions under s 1324 of Corporations Act — where appellant denied procedural fairness — exceptional case in which proceeding must be remitted for hearing in different basis from original case — where other appeal grounds alleging incompetence of counsel and lawyers spurious and unnecessary — appeal allowed