Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Mathers & Anor v Commonwealth of Australia [2004] FCA 217
CORPORATE INSOLVENCY – whether penalty imposed under s 76 Trade Practices Act 1974 (Cth) admissible to proof against insolvent company – whether contravention of ss 46 or 47 of the Trade Practices Act constitutes an 'offence against a law' within the meaning of s 553B Corporations Act 2001 (Cth)
WORDS AND PHRASES – 'offence' – 'offence against a law'
Corporations Act 2001 (Cth)s 553B Trade Practices Act 1974 (Cth)ss 46, 47, 76 Bankruptcy Act 1966 (Cth) s 82(3)
Re Bradbury; Ex parte The King; Official Receiver (1931) 3 ABC 204 approved Re Pascoe; Ex parte Trustee of the Bankrupt v Lords Commissioners of HM Treasury [1944] 1 Ch 310 considered Re Curtis; Ex parte The Deputy Commissioner of Taxation; the Official Receiver [1951] St R Qd 240 considered Victoria v Mansfield (2003) 199 ALR 395 at [32] applied Kingswell v The Queen (1985) 159 CLR 264 at 276 applied Brown v Allweather Mechanical Grouting Co Ltd [1954] 2 QB 443 at 447 applied CEO Customs v Labrador Liquor Wholesale Pty Ltd (2003) 201 ALR 1 applied KAREN MAREE MATHERS AND ADRIAN STEWART DUNCAN AS ADMINISTRATORS OF FILA SPORT OCEANIA PTY LTD (ADMINISTRATORS APPOINTED) v COMMONWEALTH OF AUSTRALIA NO 271 OF 2004 HEEREY J 12 MARCH 2004 MELBOURNE
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY V271 OF 2004
BETWEEN: KAREN MAREE MATHERS AND ADRIAN STEWART DUNCAN AS ADMINISTRATORS OF FILA SPORT OCEANIA PTY LTD (ADMINISTRATORS APPOINTED) (ACN 078 405 202)
APPLICANT
AND: COMMONWEALTH OF AUSTRALIA
RESPONDENT
JUDGE: HEEREY J
DATE OF ORDER: 12 MARCH 2004
WHERE MADE: MELBOURNE
THE COURT ORDERS THAT:
1. Pursuant to s 447D(1) of the Corporations Act the Court directs that the applicants may properly refuse to accept a Proof of Debt from the Australian Government Solicitor in respect of any penalty imposed by the Court for a contravention of sections 46 or 47 of the Trade Practices Act. 2. The costs of all parties who have appeared in this proceeding be costs in the administration of Fila Sport Oceania Pty Ltd (Administrators Appointed). Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. IN THE FEDERAL COURT OF AUSTRALIA
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate