Brott and Joachim

The Full Federal Court heard an appeal in *Brott and Joachim* concerning a dispute between the parties regarding the interpretation and application of certain provisions of the *Corporations Act 2001* (Cth). The specific nature of the dispute involved allegations of contraventions of statutory duties and potential remedies sought by the parties.

The primary legal issues before the Full Court were whether the primary judge had erred in their findings concerning the alleged contraventions of the *Corporations Act* and, consequently, whether the orders made at first instance were appropriate. This involved a close examination of the evidence presented and the application of relevant legal principles to the conduct of the parties.

The Full Court, in its reasoning, considered the established principles of statutory interpretation and the onus of proof in proceedings alleging contraventions of corporate law. The judges analysed the evidence in light of these principles, paying particular attention to the specific sections of the *Corporations Act* that were the subject of the dispute. They affirmed that the onus rested on the party alleging contravention to establish the elements of the offence or breach.

The Full Court ultimately upheld the appeal in part, finding that certain aspects of the primary judge's decision were not supported by the evidence or the correct application of the law. Consequently, the court varied the orders made at first instance, reflecting its revised findings on the contraventions alleged.