Ehrenfeld and Australian Securities and Investments Commission

The Administrative Appeals Tribunal (AAT) considered an application by the Australian Securities and Investments Commission (ASIC) to dismiss proceedings brought by Mr Ehrenfeld under section 42A(5) of the *Administrative Appeals Tribunal Act 1975* (Cth). ASIC sought the dismissal on the grounds of Mr Ehrenfeld's repeated non-compliance with the Tribunal's directions.

The primary legal issue before the Tribunal was whether Mr Ehrenfeld's persistent failure to comply with the Tribunal's orders and directions warranted the dismissal of his application. The Tribunal was required to assess the nature and extent of the non-compliance and determine if it was sufficiently serious to justify terminating the proceedings.

Deputy President Rayment Oam Qc P found that while Mr Ehrenfeld had indeed failed to comply with multiple directions, the circumstances did not meet the threshold for dismissal under section 42A(5). The Deputy President noted that the non-compliance, though regrettable, did not demonstrate a deliberate or contumelious disregard for the Tribunal's authority. Instead, the Deputy President considered that the non-compliance appeared to stem from a lack of understanding or organisational difficulties on Mr Ehrenfeld's part. Consequently, the application for dismissal was refused, and the proceedings were permitted to continue, albeit with a strong admonition to Mr Ehrenfeld regarding future compliance.