Mayfair Wealth Partners Pty Ltd v Australian Securities and Investments Commission

(2022) 295 FCR 106; [2022] FCAFC 170

Full Court of the Federal Court10 October 2022

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Interrogate

Catchwords

1. Corporations
1. appeal against findings of misleading and deceptive conduct arising from promotion of investment products
1. no error in primary judge’s findings of contraventions or assessment of witnesses
1. judge’s discretionary assessment of penalty open although higher than penalty suggested by ASIC

Quick Take

A forensic decision not to appear at trial will severely constrain the grounds available on appeal, particularly regarding evidentiary challenges and factual findings, and the proper remedy is an application to set aside orders under r 39.05(a) or r 30.21 of the Federal Court Rules.

Case Details

Citation[2022] FCAFC 170

Reported(2022) 295 FCR 106

CourtFCAFC

JurisdictionCommonwealth

Decision Date10 October 2022

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The full text is available to signed-in members, including the 25 later cases that cite this judgment.

5 of the 25 citing cases carry a classified treatment. How each court treated it is available to signed-in members.

Cited by25

2026Australian Securities and Investments Commission v Choosi Pty Ltd, in the matter of Choosi Pty Ltd (liability)FCA 1196
2026Australian Securities and Investments Commission v DawsonFCA 1006
2026Australian Income Solutions Pty Ltd v Australian Securities and Investments Commission (Reopening Application)FCA 1064
2026Australian Securities and Investments Commission v ASX Limited (No 2)FCA 862
and 21 more after sign-in

Relies on53

2022Mawhinney v Australian Securities and Investments CommissionFCAFC 159
2022Stephens v The QueenHCA 31
2022Polis v Zombor (No 5)FCA 122
2021Australian Securities and Investments Commission v Mayfair Wealth Partners Pty LtdFCA 1630
and 49 more after sign-in

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