Albarran v Members of the Companies Auditors and Liquidators Disciplinary Board

HIGH COURT OF AUSTRALIAGLEESON CJ,GUMMOW, KIRBY, HAYNE, CALLINAN, HEYDON AND CRENNAN JJMatter No S356/2006RICHARD ALBARRAN  APPELLANTANDMEMBERS OF THE COMPANIES AUDITORS AND LIQUIDATORS DISCIPLINARY BOARD & ANOR  RESPONDENTSMatter No S361/2006VANDA RUSSELL GOULD  APPELLANTANDDONALD MAGAREY & ORS  RESPONDENTSAlbarran v Members of the Companies Auditors and Liquidators Disciplinary BoardGould v Magarey[2007] HCA 2324 May 2007S356/2006 & S361/2006ORDERIn each matter, the appeal is dismissed.On appeal from the Federal Court of AustraliaRepresentationN Perram SC with A D Crossland for the appellant in Matter No S356/2006 (instructed by NOT Lawyers)B W Walker SC with P J Brereton and P Kulevski for the appellant in Matter No S361/2006 (instructed by Henry Davis York)Submitting appearances for the first and second respondents in both mattersIntervenerH C Burmester QC with K L Eastman intervening on behalf of the Attorney-General of the Commonwealth in both matters (instructed by Australian Government Solicitor)Notice:  This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.CATCHWORDSAlbarran v Members of the Companies Auditors and Liquidators Disciplinary Board Gould v Magarey Constitutional law (Cth) – Separation of powers ­– ­Judicial power – On the application of the Australian Securities and Investments Commission, the Companies Auditors and Liquidators Disciplinary Board ("the Board") suspended the registration of the appellants as liquidators pursuant to s 1292 of the Corporations Act 2001 (Cth) – Whether s 1292 of the Corporations Act 2001 (Cth) invalidly confers the judicial power of the Commonwealth upon the Board.Constitutional law (Cth) – Judicial power – Meaning...