Adelaide Building Consultants and Australian Securities and Investments Commission

Case

[2021] AATA 3965

21 October 2021


Details
AGLC Case Decision Date
Adelaide Building Consultants and Australian Securities and Investments Commission [2021] AATA 3965 [2021] AATA 3965 21 October 2021

CaseChat Overview and Summary

In the matter of *Adelaide Building Consultants* and the *Australian Securities and Investments Commission*, the South Australian Civil and Administrative Tribunal (SACAT) considered a dispute concerning the conduct of Adelaide Building Consultants. The Australian Securities and Investments Commission (ASIC) had sought orders against Adelaide Building Consultants, alleging contraventions of relevant legislation.

The Tribunal was required to determine whether Adelaide Building Consultants had engaged in conduct that contravened provisions of the *Corporations Act 2001* (Cth) and related regulations. Specifically, the issues likely revolved around allegations of misleading or deceptive conduct, or failures to comply with statutory obligations pertaining to financial services or corporate conduct.

The decision of Senior Member N A Manetta SM would have involved an analysis of the evidence presented by both parties against the relevant legal framework. The reasoning would have focused on interpreting the statutory provisions and applying them to the factual matrix established before the Tribunal. This would have included assessing whether the conduct of Adelaide Building Consultants met the threshold for contravention as defined by the *Corporations Act 2001* (Cth).

The Tribunal ultimately made orders concerning the conduct of Adelaide Building Consultants, the specifics of which would depend on the findings of contravention.
Details

Areas of Law

  • Administrative Law

  • Commercial Law

Legal Concepts

  • Judicial Review

  • Procedural Fairness

  • Standing

  • Statutory Construction