The Panel, Byron Koster, John O'Sullivan (sitting President) and Simon Withers, affirmed under s656A the decision of ASIC not to grant restricted relief to Cape Lambert to allow it to acquire relevant interests in shares in three Australian listed companies as part of the acquisition of assets from CopperCo. The Panel indicated that it would not have been minded to grant restricted relief in respect of one further Australian listed company that ASIC had indicated it would be prepared to grant restricted relief for. The Panel also indicated that it would not grant unrestricted relief in respect of any of the four companies.

The Panel, Martin Alciaturi, Braddon Jolley (sitting President) and Alastair Lucas, made a declaration of unacceptable circumstances in relation to the affairs of DataDot. The Panel concluded that all reasonable steps to minimise the potential control effect of the rights issue on DataDot had not been taken, and that once the rights issue was completed there was a material control effect. The Panel also concluded that disclosures in the rights issue letter of offer and substantial holding notices lodged by TM Consulting and Bannaby Investments were inadequate and misleading.

The Panel, Guy Alexander, John Fast and Chris Photakis (sitting President), declined to conduct proceedings on an application by Beach in relation to the affairs of Drillsearch. The Panel considered there was no reasonable prospect it would declare unacceptable circumstances, given that Drillsearch had made a clarifying announcement to ASX on 3 June 2009 (after the application was made) and subsequently agreed to dispatch a copy of the announcement.