Deputy Commissioner of Taxation v Starpicket Pty Ltd [2012] FCA 1196

FEDERAL COURT OF AUSTRALIA

Deputy Commissioner of Taxation v Starpicket Pty Ltd [2012] FCA 1196 Citation: Deputy Commissioner of Taxation v Starpicket Pty Ltd [2012] FCA 1196

Parties: DEPUTY COMMISSIONER OF TAXATION v STARPICKET PTY LTD ACN 125 918 550 (IN LIQUIDATION), CHRISTOPHER MUNDAY AS LIQUIDATOR FOR STARPICKET PTY LTD ACN 125 918 550 (IN LIQUIDATION) and CRAIG WHEATLEY SCOTT AND PATRINA MAREE SCOTT

File number: QUD 433 of 2012

Judge: GREENWOOD J

Date of judgment: 31 October 2012

Catchwords: BANKRUPTCY AND INSOLVENCY – consideration of an application to set aside a winding up order on the ground of irregularity in the service of a statutory demand under the Corporations Act 2001 (Cth) and in service of the originating proceedings together with supporting material – consideration of the presumptions arising under the Evidence Act 1995 (Cth) and the Acts Interpretation Act 1901 (Cth) – consideration of s109X of the Corporations Act 2001 (Cth) as to service CORPORATIONS – consideration of the requirements in relation to service of a statutory demand issued under the Corporations Act 2001 (Cth) and service of originating proceedings seeking an order that the company be wound up in insolvency by the Court – consideration of the consequences of an irregularity in effecting service

Legislation: Federal Courts Rules 2011, r 39.05 Corporations Act 2001 (Cth), ss 5C(2), 109X, 471A, 482 Australian Postal Corporation Act 1989 (Cth), s 32 Evidence Act 1995 (Cth), ss 160, 163 Acts Interpretation Act 1901 (Cth), ss 28A, 29