Macleod v Australian Securities and Investments Commission

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Macleod v Australian Securities and Investments Commission

[2002] HCA 37

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Macleod v Australian Securities and Investments Commission

[2002] HCA 37

HIGH COURT OF AUSTRALIAGLEESON CJ,GAUDRON, McHUGH, GUMMOW, KIRBY, HAYNE AND CALLINAN JJMALCOLM MACLEOD   APPELLANTANDAUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION  RESPONDENTMacleod v Australian Securities and Investments Commission[2002] HCA 3711 September 2002P55/2001ORDER1.   The title of the respondent be amended to read "Australian Securities and Investments Commission".2.   Appeal allowed with costs.3.   Set aside Orders 1 to 6 of the orders made by the Full Court of the Supreme Court of Western Australia on 13 April 2000 and in their place order that the appeal to that Court be dismissed with costs.On appeal from the Supreme Court of Western AustraliaRepresentation:W B Harris for the appellant (of William B Harris)D J Bugg QC with L R M Fletcher for the respondent (instructed by Commonwealth Director of Public Prosecutions)Interveners:H C Burmester QC with G Witynski intervening on behalf of the Attorney-General of the Commonwealth (instructed by Australian Government Solicitor)B M Selway QC, Solicitor-General for the State of South Australia with R M Mitchell and P S Psaltis intervening on behalf of the Attorneys-General for the States of South Australia, Tasmania, Western Australia, Queensland and the Northern Territory (instructed by the Crown Solicitors for the States of South Australia, Tasmania, Western Australia and Queensland and the Solicitor for the Northern Territory)Notice:  This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.CATCHWORDSMacleod v Australian Securities and Investments CommissionCriminal law – Companies – Offence against Corporations (Western Australia) Act 1990 (WA) – Attraction of federal jurisdiction under s 75(iii)...

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Macleod v Australian Securities and Investments Commission

[2002] HCA 37

HIGH COURT OF AUSTRALIAGLEESON CJ,GAUDRON, McHUGH, GUMMOW, KIRBY, HAYNE AND CALLINAN JJMALCOLM MACLEOD   APPELLANTANDAUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION  RESPONDENTMacleod v Australian Securities and Investments Commission[2002] HCA 3711 September 2002P55/2001ORDER1.   The title of the respondent be amended to read "Australian Securities and Investments Commission".2.   Appeal allowed with costs.3.   Set aside Orders 1 to 6 of the orders made by the Full Court of the Supreme Court of Western Australia on 13 April 2000 and in their place order that the appeal to that Court be dismissed with costs.On appeal from the Supreme Court of Western AustraliaRepresentation:W B Harris for the appellant (of William B Harris)D J Bugg QC with L R M Fletcher for the respondent (instructed by Commonwealth Director of Public Prosecutions)Interveners:H C Burmester QC with G Witynski intervening on behalf of the Attorney-General of the Commonwealth (instructed by Australian Government Solicitor)B M Selway QC, Solicitor-General for the State of South Australia with R M Mitchell and P S Psaltis intervening on behalf of the Attorneys-General for the States of South Australia, Tasmania, Western Australia, Queensland and the Northern Territory (instructed by the Crown Solicitors for the States of South Australia, Tasmania, Western Australia and Queensland and the Solicitor for the Northern Territory)Notice:  This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.CATCHWORDSMacleod v Australian Securities and Investments CommissionCriminal law – Companies – Offence against Corporations (Western Australia) Act 1990 (WA) – Attraction of federal jurisdiction under s 75(iii)...