King v Australian Securities and Investments Commission

• 1. Corporations
  2. › Management and administration
  3. › Duties and liabilities of officers of corporation
  4. › Disqualification from management of corporation
  5. › By court order
  6. › Person knowingly concerned in contraventions but not an officer
  7. › Whether disqualification period and pecuniary penalty should be reduced where finding of being an officer set aside on appeal
  8. › Corporations Act 2001 (Cth), ss 9, 601FC(1), 601FD, 1317G
• 1. Corporations
  2. › Management and administration
  3. › Pecuniary penalties
  4. › Determination of appropriate penalty
  5. › Relevance of general deterrence for non-officer knowingly concerned in contraventions
  6. › Whether compensation order should reduce pecuniary penalty under totality principle
  7. › Whether parity with co-offender required reduction
  8. › Corporations Act 2001 (Cth), s 1317G
• 1. Appeal
  2. › General principles
  3. › Interference with discretion of court below
  4. › Costs
  5. › Whether costs order at trial should be varied to reflect appellant's success on appeal on officer issue
  6. › Whether costs of appeal should reflect partial success

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