Johns v Australian Securities Commission

In *Johns v Australian Securities Commission*, the appellant, Mr Johns, sought judicial review of a decision by the Australian Securities Commission (ASC) to release material to Royal Commissioners. The High Court of Australia was required to determine the basis of Mr Johns' claim for relief and the availability of such relief.

The central legal issue was whether an obligation of confidence could be implied from the *Australian Securities Commission Act* (ASC Law), and if so, whether this implied obligation provided a cause of action for Mr Johns. The appellant's case was framed as a judicial review of the ASC's decision, with the sole foundation for his claim being an alleged obligation of confidence arising by implication from the ASC Law. The Court considered whether this statutory implication was the only basis for the appellant's cause of action, or if other grounds, such as equitable rights or proprietary rights in the information, were also advanced.

The Court's reasoning focused on the nature of the obligation of confidence and its statutory source. It was clarified that the appellant's case was not founded on any conduct of the ASC or the appellant himself, nor on any proprietary right in the information. Instead, the argument was squarely based on the contention that the ASC Law itself created an implied obligation of confidence. The Court grappled with whether a breach of this implied statutory obligation gave rise to a right to restrain the release of information, and the extent to which relief was available and discretionary.