A declaration of contravention under s 1317E made by consent against one defendant cannot operate under s 1317F as conclusive evidence of facts against co-defendants, because the conclusive evidence is confined to the conduct of the person against whom the declaration is made. The court retains an independent discretion to determine the appropriate period of disqualification even where ASIC and the defendant agree on the period, though ASIC's consent as guardian of the public interest is a powerful consideration. The punitive impact of disqualification orders must be recognised, and a term should not be imposed that would in practical terms permanently exclude a person from corporate management.
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