Hammond and Australian Securities and Investments Commission

This matter concerned an application by Mr Hammond to review a decision by the Australian Securities and Investments Commission (ASIC) to disqualify him from managing corporations for a period of five years under section 206F of the *Corporations Act 2001* (Cth). The dispute arose from ASIC's assessment of Mr Hammond's conduct in relation to his management of various corporations, including his role as a director and officer, and allegations of being a shadow director.

The primary legal issues before the court were whether Mr Hammond was a director or officer of two or more corporations, and whether his conduct warranted disqualification on the grounds of his management of these corporations, particularly concerning superannuation obligations and tax liabilities. The court was required to consider the protection of the public interest and the principles of corporate responsibility in determining the appropriateness of ASIC's decision.

The court's reasoning focused on Mr Hammond's extensive experience as a practising accountant and tax agent, holding degrees in commerce and business administration, which informed its assessment of his business acumen. While Mr Hammond had been a director of numerous companies, the court examined his specific involvement with Rivits, noting he was the sole director, secretary, and shareholder for a significant period. The court considered the authenticity of a Form 484 filed with ASIC, which indicated Mr Hammond's removal as director and secretary of Rivits and the transfer of shares to another individual, and found no evidence to suggest this transaction was not genuine.