Australian Securities and Investments Commission v Westpac Banking Corporation (No 2)

The Australian Securities and Investments Commission (ASIC) filed an interlocutory application against Westpac Banking Corporation seeking to have certain questions separated for determination by the court. ASIC's application, filed on 7 December 2018, concerned the scope of assessment requirements under sections 128 and 129 of the National Consumer Credit Protection Act 2009. ASIC sought to have separate questions determined regarding these sections, pursuant to rule 30.01 of the Federal Court Rules 2011. The court was required to decide whether the proposed separate questions were appropriate and whether they could be determined without resolving the broader issues in the case.

The court considered the nature of the proposed questions and the procedural context in which they were being raised. It noted that the questions related to the interpretation of statutory provisions and the scope of assessment requirements, which were central to the overall dispute. The court held that the proposed questions were not suitable for separation as they were inextricably linked to the broader issues in the case. The questions could not be determined without resolving the wider issues, and therefore, the application for separate questions was inappropriate.

The court dismissed ASIC's interlocutory application, finding that the proposed questions could not be separated from the broader issues in the case. The court further ordered that the costs of the application be costs in the cause. The dismissal of the application and the ordering of costs were in accordance with Rule 39.32 of the Federal Court Rules 2011. The court's decision ensured that the procedural aspects of the case were managed efficiently and in accordance with the applicable rules.