Share on LinkedInShare on LinkedIn

ARTICLE · 11 AUGUST 2018

Stitched up by a subpoena side-step – Methods for obtaining transcripts of ASIC examinations

Corrs Chambers Westgarth
Corrs Chambers Westgarth
Contributor
Corrs Chambers Westgarth

Corrs Chambers Westgarth

Corrs Chambers Westgarth is Australia’s leading independent law firm. We provide exceptional legal...

View firm profile
Explore more from Corrs Chambers Westgarth

Transcripts of ASIC examinations can be very useful in investigating avenues of recovery, or assisting to build a case.

AustraliaLitigation, Mediation & Arbitration
Cameron Cheetham
Cameron Cheetham
Jade Rowarth
Jade Rowarth
Kirsty Sutherland
Kirsty Sutherland
Author LinkedIn connections

Transcripts of ASIC examinations can be very useful to claimants in investigating possible avenues of recovery, or assisting to build a case.

This week's TGIF considers the case of TW McConnell Pty Ltd v SurfStitch Group Ltd (administrators appointed) (No 2) [2018] NSWSC 1149 and the different methods by which claimants may obtain transcripts of examinations carried out by ASIC to help with investigating avenues of recovery and bolster proceedings for recovery.

BACKGROUND

TW McConnell Pty Ltd is the Lead Plaintiff in a shareholder class action against SurfStitch Group Ltd (administrators appointed). As part of that proceeding, the Lead Plaintiff alleges that the company's former CEO, was involved in the company's alleged contravention of various provisions of the Corporations Act 2001 (Cth).

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

Register for freeORLog in

View source

Related Articles

Legal Intelligence Newsletters: sign up for the latest legal and regulatory news on your chosen topics

Read more about

Related Comparative Guides

See more popular content from

Article

How To Draft A Defence And Reply

Queensland civil procedure requires defendants to respond to each factual allegation with precision—admissions, denials, or non-admissions must be properly explained, while inadequate responses risk being treated as admissions. Replies serve a distinct and limited purpose, addressing only new matters raised in the defence that could affect the claim's maintainability or introduce unexpected factual questions.
AustraliaLitigation, Mediation & Arbitration
Stonegate Legal
Stonegate Legal
Article

Counterclaims In Queensland Civil Proceedings: Complete Guide

When a defendant in Queensland civil litigation wishes to pursue its own claim against the plaintiff, a counterclaim provides the procedural mechanism to do so within the existing proceeding. Understanding the technical requirements for pleading, serving, and answering counterclaims—including joinder of additional parties, limitation periods, and the effect of discontinuance—is essential for both claimants and respondents navigating commercial disputes.
AustraliaLitigation, Mediation & Arbitration
Stonegate Legal
Stonegate Legal
Article

Australia’s Privacy Act Reforms: Fundamental Changes Proposed In New Exposure Draft

Australia's Privacy Act reform has reached a critical milestone with the release of exposure draft legislation proposing fundamental changes to how organisations handle personal information. The reforms introduce a new 'fair and reasonable' test for data collection and use, a right of erasure for large digital platforms, strengthened consent standards, a statutory controller/processor framework, restrictions on trading personal data, and enhanced data breach obligations. These changes come at a time when em
AustraliaPrivacy
Corrs Chambers Westgarth
Corrs Chambers Westgarth
Article

Cross-border software payments and royalties: implications of final taxation ruling and practical compliance guideline Read More

The Australian Taxation Office has issued its final ruling on cross-border software payments, dramatically expanding what constitutes a royalty subject to withholding tax. With retroactive application to July 2021 and a broad interpretation of copyright law, multinational companies face significant compliance risks and potential exposure across software distribution, cloud services, and digital intermediation arrangements.
AustraliaTax
Corrs Chambers Westgarth
Corrs Chambers Westgarth
Article

EPBC Act Reforms: Consultation On Proposed Regulations To Support Final Tranche Of Reforms

Australia's Department of Climate Change, Energy, the Environment and Water has released consultation papers outlining the regulatory framework for the final phase of environmental protection reforms under the EPBC Act. With submissions closing on 13 October 2026 and implementation scheduled for 1 December 2026, these reforms will fundamentally reshape how projects are assessed and approved, introducing streamlined pathways...
AustraliaEnvironment
Corrs Chambers Westgarth
Corrs Chambers Westgarth
Article

APRA and ASIC's coordinated approach to frontier AI: implications for financial services entities Read More

APRA and ASIC have issued coordinated guidance on frontier AI risks, requiring financial services boards to demonstrate direct oversight of AI governance, cyber resilience and third-party dependencies. The regulators' expectations build on existing prudential standards and directors' duties, with enforcement signals indicating that proportionate action must be taken before incidents occur.
AustraliaStrategy
Corrs Chambers Westgarth
Corrs Chambers Westgarth
Article

Five Decisions That Will Define Australia’s AI Future

Prime Minister Albanese's speech on 15 July 2026 marked a decisive shift in Australia's approach to artificial intelligence, from voluntary guidance to mandatory national regulation. The announcement establishes Australian Standards for AI, copyright licensing requirements, a national planning framework for data centres, energy obligations, and workplace protections—all underpinned by the concept of sovereign AI.
AustraliaMedia, Telecoms, IT, Entertainment
Corrs Chambers Westgarth
Corrs Chambers Westgarth