FEDERAL COURT OF AUSTRALIA Armstrong, Delegate of the Registrar of Aboriginal Corporations v Karijini Aboriginal Corporations [2003] FCA 488 Aboriginal Councils and Associations Act 1976 (Cth), s 62A, s 63 PETER ARMSTRONG, DELEGATE OF THE REGISTRAR OF ABORIGINAL CORPORATIONS v KARIJINI ABORIGINAL CORPORATIONS No Q 46 of 2003 SPENDER J BRISBANE 2 MAY 2003 IN THE FEDERAL COURT OF AUSTRALIA QUEENSLAND DISTRICT REGISTRY Q 46 OF 2003 BETWEEN: PETER ARMSTRONG, DELEGATE OF THE REGISTRAR OF ABORIGINAL CORPORATIONS APPLICANT AND: KARIJINI ABORIGINAL CORPORATIONS RESPONDENT JUDGE: SPENDER J DATE OF ORDER: 2 MAY 2003 WHERE MADE: BRISBANE THE COURT ORDERS THAT: (1) the Karijini Aboriginal Corporation be wound up; (2) Scott Angus Blackwood and Brian Keith McMaster, who have consented to act as Liquidators in the event of the corporation being liquidated, be appointed Liquidators of the respondent. (3) that pursuant to Corporations Law anything required to be done by the Liquidator of the Karijini Aboriginal Corporation can be done by either Mr Blackwood or Mr McMaster, or both. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. IN THE FEDERAL COURT OF AUSTRALIA QUEENSLAND DISTRICT REGISTRY Q 46 OF 2003 BETWEEN: PETER ARMSTRONG, DELEGATE OF THE REGISTRAR OF ABORIGINAL CORPORATIONS APPLICANT AND: KARIJINI ABORIGINAL CORPORATIONS RESPONDENT JUDGE: SPENDER J DATE: 6 MAY 2003 PLACE: BRISBANE REASONS FOR JUDGMENT 1 This is an application for the winding up of the Karijini Aboriginal Corporation which is an Aboriginal corporation incorporated under the Aboriginal Councils and Associations Act 1976 (Cth) (the Act). The applicant is the appointed delegate of the Registrar of Aboriginal Corporations (the Registrar) who administers the Act. 2 Section 62A of the Act provides: "The Registrar may petition the Court that an Incorporated Aboriginal Association be wound up, if: … (b) the Registrar is of the opinion that the winding up would be in the public interest or in the interests of the members of the Association." That is the Registrar's opinion as expressed in paragraph 8 of the affidavit of Peter Armstrong. 3 Section 63(1) provides that the Registrar can apply for the winding up of a corporation. Pursuant to Section 63(2) of the Act, the winding up application must specify one or more of the following grounds set out in that sub-section. In this case the application specifies three grounds, namely: (1) the business of the respondent has been suspended for a continuous period of one year: Section 63(2)(b) of the Act; (2) the respondent is unable to pay its debts: Section 63(2)(d) of the Act; and (3) members of the government committee of the respondent have acted in the affairs of the respondent in their own interests, rather than in the interests of the members as a whole: Section 63(2)(e) of the Act. 4 Each of these grounds, in my judgment, is established by the affidavit of Mr Armstrong. There is reference in that affidavit to a report conducted by Mr Joe Schiavi of Business Support Pty Ltd. Those findings by Mr Schiavi in his report establish each of the three separate grounds for winding up. One ground is sufficient. 5 On the whole of the material, this is a clear case where an order should be made winding up the corporation. 6 The orders of the Court are: (1) the Karijini Aboriginal Corporation be wound up; (2) Scott Angus Blackwood and Brian Keith McMaster, who have consented to act as Liquidators in the event of the corporation being liquidated, be appointed Liquidators of the respondent. (3) that pursuant to Corporations Law anything required to be done by the Liquidator of the Karijini Aboriginal Corporation can be done by either Mr Blackwood or Mr McMaster, or both. I certify that the preceding six (6) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Spender . Associate: Dated: 6 May 2003 Solicitor for the Applicant: Minter Ellison There was no appearance on behalf of the Respondent Date of Hearing: 2 May 2003 Date of Judgment: 2 May 2003