Schlaepfer v Australian Securities and Investments Commission [2017] FCA 1122 — Administrative Law & Public Interest Immunity — Barrister AI

Schlaepfer v Australian Securities and Investments Commission

[2017] FCA 1122

Federal Court of Australia21 September 2017

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Interrogate

Catchwords

1. Administrative Law
2. › application for order of review under the Administrative Decisions (Judicial Review) Act 1977 (Cth) and Judiciary Act 1903 (Cth)
3. › notice of objection to competency
4. › whether Court has jurisdiction to review ASIC’s conduct in making a request to the Cayman Islands Monetary Authority
5. › whether conduct was engaged in for the purpose of making a decision under an enactment
6. › whether the matter arose under a law made by the Commonwealth Parliament
1. Practice and Procedure
2. › public interest immunity
3. › applicant sought production of ASIC’s request to Cayman Islands Monetary Authority and associated correspondence
4. › no legitimate forensic purpose in obtaining access to documents
5. › where balance of convenience favours maintaining the confidentiality of the documents
6. › public interest immunity claim upheld

Case Details

Citation[2017] FCA 1122

CourtFCA

JurisdictionCommonwealth

Decision Date21 September 2017

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Cited by6

2025Weekes v Australian Competition and Consumer CommissionFCA 1549
2025CYB v Health OmbudsmanQSC 301
2024Davis v Military Rehabilitation and Compensation CommissionFCA 322
2022CIMIC Group Limited v AIG Group LimitedNSWSC 999
and 2 more after sign-in

Relies on37

2015R v Pratten (No 18)NSWSC 902
2014Garrett v Australian Trade CommissionFCA 575
2013Saraceni v Australian Securities and Investments CommissionFCAFC 42
2010Rawson Finances Pty Limited v Deputy Commissioner of TaxationFCA 538
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