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Schlaepfer v Australian Securities and Investments Commission [2017] FCA 1122

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ADMINISTRATIVE LAW - application for order of review under the Administrative Decisions (Judicial Review) Act 1977 (Cth) and Judiciary Act 1903 (Cth) - notice of objection to competency - whether Court has jurisdiction to review ASIC's conduct in making a request to the Cayman Islands Monetary Authority - whether conduct was engaged in for the purpose of making a decision under an enactment - whether the matter arose under a law made by the Commonwealth Parliament - whether respondent's conduct involved an improper exercise of power - whether a breach of the rules of natural justice had occurred or is likely to occur - application dismissed PRACTICE AND PROCEDURE - public interest immunity - applicant sought production of ASIC's request to Cayman Islands Monetary Authority and associated correspondence - no legitimate forensic purpose in obtaining access to documents - where balance of convenience favours maintaining the confidentiality of the documents - public interest immunity claim upheld

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