ASIC Corporate Investigations and Hearings: update 39

Middleton, Thomas (2008) ASIC Corporate Investigations and Hearings: update 39. Thomson Reuters, Australia.

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Abstract

[Extract] The court orders made under s 1323 are dissimilar to orders made in the context of an interlocutory application for an injunction in that, in the context of s 1323, there is no final hearing. The preservation orders under s 1323 may be the only orders that the court gets to make. Given that ASIC applies for the preservation orders under s 1323 to protect the interests of aggrieved persons, if subsequent consequential action is taken, it may be taken by completely different parties, such as the aggrieved persons. The court orders made under s 1323 are similar to the orders made in the context of an interlocutory application for an injunction in that both of those orders are preservative in nature. In both cases the court does not determine rights and titles, but makes orders that are necessary to preserve the status quo (see ASIC v Krecichwost [2008) NSWSC 855 at [14) - [151).

Item ID: 27765
Item Type: Book (Later Edition)
ISBN: 978-0-455-21687-4
Keywords: corporate law
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Date Deposited: 17 Sep 2013 06:24
FoR Codes: 18 LAW AND LEGAL STUDIES > 1801 Law > 180109 Corporations and Associations Law @ 100%
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