Federal Court of Australia
CATCHBMORDS
FEDERAL COUPT - jurisdiction - purported conterrina of power on Court by scheme confirmed under National Healtn Act - held uneffective - effect of 3.32(1) of Federel Courn Act - whether
notice to Attarneys-General necessary.
JUDGMENTS - deemed good while not set aside - frinciple
inapplicable to give jurisdiction.
COMPANY LAW - order approving scheme of arrangement - whether can
confer power to make further Court orders.
Fedéral Court of Australia Act 1976, s.32(1) National Health Act 1953, ss.82Z, 822K, 822L, 220M
Companies Act 1961, s.181
THE MINISTER OF STATE FOR HEALTH OF_THE COMMONWEALTH OF AUSTRALIA
v. TRUSTEES ON BEHALF OF THE ANCIENT ORDEP OF_FORESTERS FRIENDLY SOCIETY IN QUBENSLAND
OLD G17 OF 1981
PINCUS 3. BRISBANE 28 JUNE 1985
IN THE FEDERAL COURT OF AUSTRALIA ) QUEENSLAND DISTRICT REGISTRY ) QLD G17 of 1981 GENERAL DIVISTON )
BETWEEN :
THE MINISTER OF STATE FOR HEALTH OF THE TOMMONWEALTH OF AUSTPALTA
Applicant AND: TRUSTEES ON BEHALF OF THE ANCIENT OPDEP oF PORESTERS FRIENDLY SOCIETY IN QUEENSLAND khesranderts MINUTES OF ORDER JUDGE MAKING ORDER: PINCUS J. DATE OF OPDER: 28 JUNE 19895 WHERE MADE: BRISBANE
THE COUPT OPDERS THAT:
The applications be dismissed,
NOTE: Settlement and entry of orders 1s dealt with in Order 364 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA )
QUEENSLAND DISTRICT REGISTRY ) OLD G17 of 1981 GENERAL DIVISION ) BETWEEN :
THE MINISTER OF STATE FOR HEALTH OF THE COMMONWEALTH OF AUSTRALIA
Applicant AND:
TRUSTEES ON BEHALF OF THE ANCIENT OFDEP OF FORESTERS FRIENDLY SOCIETY IN QUEENSLAND
Respondents
PINCUS J. 28 JUNE 1985
REASONS FOR JUDGMENT
This 1S an application by the scheme administrator of the Hospital Benefits Fund and the Medical Benefits Fund, two Funas formerly conducted by the Ancient Order of Foresters Friendly Society in Queensland, seeking orders that the Tourt sanction a compromise between the scheme administrator and the A.N.Z,. Banking Group Limited and that the Court authorise the scheme administrator to transfer any funds held or received by nim on behalf of the winding-up of the Medical Benefits Fund to the funds he holds on behalf of the winding-up or the Hospital Benefits Fund. The Funds were ordered to be wound-up by Sheppard
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