Winter, G.R. v Australian Securities Commission

Geoffrey Robert Winter sought an order of review of the Australian Securities Commission's (ASC) proposed hearing under s.600(3) of the Corporations Law to decide whether he should be prohibited from managing a corporation. The ASC, by its delegate Cassandra Francas, intended to conduct the hearing to determine the appropriateness of prohibiting Winter from managing a corporation, following his receipt of a notice under s.600(2). The application for the order of review was based on two grounds: perceived bias of Francas and the likelihood of irrelevant matters being taken into account. Von Doussa J dismissed the application, holding that the ASC, by delegating the hearing to Francas, avoided the consequence of bias that might arise if the same person conducted the hearing under s.600(3) after deciding to give a notice to show cause under s.600(2). Further, Francas reading the principal documents and statement of areas of concern before the hearing did not give rise to a reasonable apprehension of bias, as she had no knowledge of the case and formed tentative views based on the material before her. The second ground also failed as the matters to be considered in deciding whether to prohibit Winter from managing a corporation were wide ranging, and it was premature to order that the hearing not take place on the basis that irrelevant matters might be taken into account.