In Perpetual Corporate Trust Limited v Australian Securities and Investment Commission & Anor [2024] QDC 47, the District Court of Queensland deliberated over an application by Perpetual Corporate Trust Limited. The plaintiff sought to remove the Australian Securities and Investment Commission (ASIC) as the first defendant and substitute it with the Commonwealth of Australia. This request was influenced by a communication from ASIC indicating that the Commonwealth of Australia should be the proper defendant. However, despite the reasons for substitution being seemingly straightforward, the court decided to adjourn the application. The adjournment was primarily due to two unresolved issues: the court was unsure of ASIC’s stance on the recovery of costs incurred from being incorrectly named as a defendant, and there was no evidence that the application was formally served on ASIC.
From the TLDR Caselaw Archive