PRACTICE AND PROCEDURE - interlocutory process by defendant, Australian Securities and Investments Commission (ASIC), to set aside or summarily dismiss the plaintiff's claim pursuant to rr 13.01 or 26.01 of the Federal Court Rules 2011 (Cth) - where principal relief sought by plaintiff was a declaration that its financial statements lodged with ASIC contained a true and fair view of its financial position - where plaintiff lodged its financial statements with ASIC for registration, but claimed that ASIC had formed, or was required to form, an opinion that the financial statements contained false or misleading information and that ASIC was therefore required by s 1274(8) or (11) of the Corporations Act 2001 (Cth) to refuse to receive or register the financial statements - where the plaintiff's claim to that effect was based on the fact that the financial statements contained a note which referred to advice received by the plaintiff which was inconsistent with proceedings which had been commenced against a director of the plaintiff - proper construction of s 1274 of the Corporations Act 2001 (Cth) - where plaintiff claimed that the alleged inconsistency between the note in its financial statements and the criminal proceedings meant that "users" could not rely in its financial statements - where plaintiff contended that ASIC had infringed its right, as a user of its financial statements, to rely on s 1305 of the Corporations Act 2001 (Cth) - where ASIC contended that the Court did not have jurisdiction to entertain the claim as there was no justiciable controversy between it and the plaintiff - where ASIC claimed that the plaintiff's claim had no reasonable prospect of success - plaintiff's originating process set aside
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