Dawn Endresz v ASIC

In the matter of *Dawn Endresz v ASIC*, the applicant, Dawn Endresz, sought judicial review of a decision made by the Australian Securities and Investments Commission (ASIC). The dispute concerned ASIC's refusal to grant Ms Endresz an exemption from certain provisions of the *Corporations Act 2001* (Cth). The application was heard by Judge O'Dwyer in the Federal Court of Australia.

The primary legal issue before the Court was whether ASIC's decision to refuse the exemption was affected by an error of law. Specifically, the Court was required to consider whether ASIC had properly applied the relevant statutory tests and considerations when assessing Ms Endresz's application for relief from the operation of specific provisions of the *Corporations Act*.

Judge O'Dwyer's reasoning focused on the proper interpretation and application of section 911A of the *Corporations Act* and the principles governing the exercise of ASIC's discretion under that section. The Court examined whether ASIC had taken into account all relevant considerations and disregarded irrelevant ones, and whether its decision was otherwise reasonable and free from legal error. The Court ultimately found that ASIC had not erred in law in its refusal of the exemption.

Consequently, the application for judicial review was dismissed.