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Dominique Hogan-Doran SC
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Recent Hearings

High Court challenge to APRA's use of Royal Commission evidence

Dominique Hogan-Doran SC

Administrative law - Judicial review - Injunction and declaratory relief - s 39B of the Judiciary Act 1903 (Cth) - Whether the appellants are entitled to an order restraining the Australian Prudential Regulation Authority ("APRA") from acting on a "preliminary view" formed by its Senior Manager that the first and third appellants were not "fit and proper" to act as senior managers of a foreign general insurer.

Administrative law - Royal Commissions - Protection of witnesses - s 6M of the Royal Commissions Act 1902 (Cth) - Appellants gave evidence at the HIH Royal Commission - Whether s 6M prevents the use of that evidence by APRA in deciding whether to disqualify the first and third appellants pursuant to s 25A of the Insurance Act 1973 (Cth) - Whether potential disqualification caused a "disadvantage" to the appellants - Whether potential disqualification arose "for or on account of" the first and third appellants' evidence to the Royal Commission - Whether the proper exercise of APRA's statutory powers and functions may constitute a "disadvantage" arising "for or on account of" evidence given before a Royal Commission.

Insurance -- Prudential regulation - Disqualification - APRA may take steps pursuant to s 25A of the Insurance Act 1973 (Cth) where a person is not "fit and proper" to act as a senior manager of a foreign general insurer - Whether APRA may take into account evidence given at a Royal Commission by or about that person - Whether s 6M of the Royal Commissions Act 1902 (Cth) prevents the use of such evidence for the purposes of s 25A of the Insurance Act 1973 (Cth).

Statutes - Interpretation - Whether s 6M of the Royal Commissions Act 1902 (Cth) distinguishes between the giving of evidence and the content of the evidence so given.

Words and phrases - "for or on account of", "disadvantage".

Acted for confidential appellant, led by David Jackson QC, instructed by Minter Ellison.

X v APRA [2007] HCA 4; Y v APRA [2006] FCAFC 37; X v APRA [2005] FCA 1288