Recent Cases

Walker v Members Equity Bank Ltd [2022] FCAFC 184 (28 November 2022) (Wigney, Lee and Abraham JJ)


STATUTORY INTERPRETATION – proper construction of s 12GB(6) of the Australian Securities and Investments Commission Act 2001 (Cth) – s 12GB(6) provides prosecution of relevant offences “may be commenced within 3 years after the commission of the offence” – whether s 12GB(6) imposes “hard” three-year limitation period or is intended to be “facultative or permissive” – consideration of text, context and legislative history of s 12GB(6) – textual significance of “may” in s 12GB(6) – legislative basis for s 12GB(6) in s 79(6) of the Trade Practices Act 1974 (Cth) – consideration of relevant authorities, including Attorney-General (Cth) v Oates (1999) 198 CLR 162 – preferable construction supports “hard” three-year limitation period in s 12GB(6) – no error by primary judge established – appeal dismissed