Full Court Minute Books

Case M66/2010

KPMG (a firm) v. Commonwealth of Australia and Anor

Case No.


Case Information


Constitutional law — Operation and effect of Commonwealth Constitution — Powers with respect to property — Power to acquire property on just terms (Constitution s 51(xxxi)) — Acquisition of property — Where Australian Securities and Investment Commission (“ASIC”) has power to cause proceedings to be brought in the name of a company for recovery of damages or property in certain circumstances — Where ASIC caused proceedings to be brought against plaintiff in the name of various companies — Whether the commencement of proceedings in the name of a company by ASIC effects an acquisition of property on other than just terms — Australian Securities and Investment Commission Act 2001 (Cth) s 50.

Short Particulars


18/05/2010 Writ of summons

18/05/2010 Notice of constitutional matter

11/08/2010 Hearing (Single Justice, Melbourne)

06/01/2011 Written submissions (Plaintiff)

06/01/2011 Chronology

17/01/2011 Written submissions (Defendants)

27/01/2011 Reply

01/02/2011 Notice of Discontinuance

01/02/2011 Hearing (Full Court, Canberra)