Australian Securities and Investment Commission v Atlantic 3 Financial (Aust) Pty Ltd & Ors
Australian Securities and Investment Commission v Atlantic 3 Financial (Aust) Pty Ltd
[2006] QSC 132
QSC
Atkinson J
05 Jun 2006
Yes
| Event | Citation or File | Date | Notes |
|---|---|---|---|
| Primary Judgment | [2003] QSC 265 | 19 Aug 2003 | Appointment of liquidators to wind up unregistered managed investment schemes: Mullins J. |
| Primary Judgment | [2003] QSC 366 | 31 Oct 2003 | Application for directions by court appointed liquidators as to justification of entering deed of relinquishment: Mullins J. |
| Primary Judgment | [2003] QSC 386 [2004] 1 Qd R 591 | 14 Nov 2003 | Application by court appointed accountants for an injunction restraining winding up of unregistered managed investment scheme ordered pursuant to s 601EE(2) Corporations Act pending the payment of fees; role as investigative accountants and supervising accountant are analogous, in the circumstances, to the role of court appointed receiver and that they should have the same protection; grant the injunctive relief sought in support of an equitable lien for fees and expenses claimed: Mullins J. |
| Primary Judgment | [2003] QSC 398 (2003) 48 ACSR 335 | 27 Nov 2003 | Application for directions by court appointed liquidators as to being justified in refusing to sign deed providing for the transfer of assets in the unregistered managed investment scheme to investors; support of the investors for the proposed deed does not outweigh the considerations which fall under the umbrella of public interest which would not justify the liquidators entering into the proposed deed for this scheme: Mullins J. |
| Primary Judgment | [2004] QSC 133 | 07 May 2004 | Application for approval of remuneration and disbursements by court appointed investigative accountants for unregistered managed investment scheme; satisfied that fair and reasonable remuneration for the work undertaken by the accountants as investigative accountants pursuant to the order made on 27 May 2003 for preparing the report and undertaking the supervision is $183,451.40 and that the disbursements should be determined in the amount of $17,742.21: Mullins J. |
| Primary Judgment | [2004] QSC 284 | 07 Sep 2004 | Costs following judgment in [2004] QSC 133; costs following successful application for approval of remuneration of court appointed investigative accountants over unregistered managed investment scheme; notice of objection was so oppressive and speculative, that it warrants a departure from the usual order for costs, as from the service of the notice of objection on the accountants; accountants awarded costs on indemnity basis after service of notice of objection: Mullins J. |
| Primary Judgment | [2004] QSC 422 | 11 Nov 2004 | Application for an order determining the remuneration and disbursements of court appointed investigative accountants for work performed in relation to an application; orders made per draft: Douglas J. |
| Primary Judgment | [2006] QSC 132 | 05 Jun 2006 | Application by ASIC for declarations regarding the operation of unregistered managed investment schemes, not holding a dealer's licence or AFSL, and the offering of securities without disclosure documents in contravention of the Corporations Act; seeking disqualification orders arising from the alleged contraventions; declarations made and disqualifications ordered: Atkinson J. |
| Primary Judgment | [2006] QSC 152 | 23 Jun 2006 | Application for directions to the Registrar for the assessment of costs; seeking to overturn decision of Registrar to find client agreement was void under s 48F QLS Act, on the basis that the cost agreement did not comply with s 48 QLS Act; declared sufficient to amount to cost agreement for r 704(3)(b) UCPR: Mullins J. |
| Primary Judgment | [2008] QSC 9 [2008] 2 Qd R 298 | 08 Feb 2008 | Application following [2004] QSC 284 to fix costs; costs fixed in the amount of $84,000: Mullins J |
| Primary Judgment | [2008] QSC 53 | 20 Mar 2008 | Costs following judgment in [2008] QSC 9; respondents pay costs to be assessed: Mullins J. |
| Appeal Determined (QCA) | [2004] QCA 230 | 02 Jul 2004 | Appeal following [2004] QSC 133 dismissed with costs; no reasons for judgment: Davies JA. |
| Appeal Determined (QCA) | [2006] QCA 540 [2007] 2 Qd R 399 | 15 Dec 2006 | Appeal against [2006] QSC 152 dismissed with costs; appeal against decision declaring client agreement complied with s 48 QLS Act: Williams and Jerrard JJA and McMurdo J (Jerrard JA dissenting). |
