Johns v Australian Securities Commission

The case of *Johns v Australian Securities Commission* was heard in the High Court of Australia. The appellant, Mr. Johns, appealed a decision concerning the release of transcripts from examinations conducted under the Australian Securities Commission (ASC) law. The respondents included the Australian Securities Commission and various other parties, including the State of Victoria.

The substantive legal issues before the High Court were twofold. Firstly, the Court was asked to determine whether the ASC had the express or implied authority under the relevant legislation to make a decision to release transcripts of examinations conducted under section 19 of the Act in a manner that permitted their public dissemination. Secondly, the Court had to consider whether, assuming such authority existed, it could be exercised without affording Mr. Johns the right or opportunity to be heard before the decision to release the transcripts was made and implemented.

The appellant's counsel presented a chronology to assist the Court in understanding the sequence of events and the significance of various documents. The case involved examinations conducted under both Victorian Royal Commission legislation and provisions of the Companies Code, relating to the collapse of the Tricontinental group of companies. The core of the dispute revolved around the ASC's power to release examination transcripts and the procedural fairness owed to individuals whose examinations were the subject of such a release.