Wednesday, August 18, 2010

Update: KPMG v Commonwealth

I posted a while ago on this case when it was first before the High Court back in June. It concerns the validity of s 50 of the Australian Securities and Investment Commission Act 2001 (Cth). Without having any precise knowledge of the nature of the dispute I gave some preliminary thoughts on the case. The matter was back in Court on Wednesday last ([2010] HCA 210) and was referred to the Full Court for a November or later hearing.

The transcript doesn’t provide for any better indication of the arguments except that there must be a lot of them. Apparently, the Statement of Claim is 600 pages long and doesn’t quite fit into 6 folders. In the words of Hayne J, “the statement of claim, I think, is properly described as not short”.
Posted by Harley Schumann at 9:29 AM

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