Aboriginal Legal Service & Mills- Re Ausn Securities Commission

This matter concerned an application by the Aboriginal Legal Service and Mr Mills for an order that the Australian Securities Commission (ASC) be restrained from taking any further steps in relation to an investigation into the affairs of the Aboriginal Legal Service. The application was heard by Gummow J in chambers.

The primary legal issue before the Court was whether the ASC had acted outside its statutory powers in commencing and continuing its investigation into the Aboriginal Legal Service. Specifically, the applicants sought to argue that the investigation was an abuse of process and that the ASC had failed to properly consider the public interest implications of its actions.

Gummow J considered the broad investigative powers conferred upon the ASC by the relevant legislation. His Honour found that the ASC had acted within the scope of its statutory authority in initiating and pursuing the investigation. The Court determined that the ASC was not required to conduct a public interest test before commencing an investigation, and that the applicants had not demonstrated any abuse of process.

The application for an injunction was therefore dismissed.