James (Liquidator), in the matter of Woodgamia CDEP Aboriginal Corporation (in liq) [2013] FCA 950

FEDERAL COURT OF AUSTRALIA

James (Liquidator), in the matter of Woodgamia CDEP Aboriginal Corporation (in liq) [2013] FCA 950 Citation: James (Liquidator), in the matter of Woodgamia CDEP Aboriginal Corporation (in liq) [2013] FCA 950

Parties: IN THE MATTER OF JACK JAMES AS LIQUIDATOR OF WOODGAMIA CDEP ABORIGINAL CORPORATION (IN LIQ)

File number: WAD 221 of 2013

Judge: GILMOUR J

Date of judgment: 15 August 2013

Legislation: Corporations Act 2001 (Cth) ss 480(a) & (d), 488(2) Corporations (Aboriginal and Torres Strait Islander) Act 2006 (Cth) ss 526, 525(1) & (2)

Date of hearing: 15 August 2013

Place: Perth

Division: GENERAL DIVISION

Category: No catchwords

Number of paragraphs: 4

Counsel for the Plaintiff: Mr D M Fairweather

Solicitor for the Plaintiff: Allion Legal

IN THE FEDERAL COURT OF AUSTRALIA WESTERN AUSTRALIA DISTRICT REGISTRY GENERAL DIVISION WAD 221 of 2013

IN THE MATTER OF JACK JAMES AS LIQUIDATOR OF WOODGAMIA CDEP ABORIGINAL CORPORATION (IN LIQ) JACK JAMES AS LIQUIDATOR OF WOODGAMIA CDEP ABORIGINAL CORPORATION (IN LIQ)

Plaintiff

JUDGE: GILMOUR J DATE OF ORDER: 15 AUGUST 2013 WHERE MADE: PERTH

THE COURT ORDERS THAT:

1. The plaintiff be granted special leave to distribute the surplus funds from the liquidation of Woodgamia CDEP Aboriginal Corporation ABN 39 026 306 488 (Corporation), after deduction of the plaintiff's costs in accordance with order 5, to Carnarvon Trustees Aboriginal Corporation ABN 53 248 767 457. 2. Within 7 days of compliance with order 1 the plaintiff file an affidavit deposing to such compliance. 3. Within 14 days after the date that the plaintiff complies with orders 1 and 2, the plaintiff lodge an office copy of the orders with the Office of the Registrar of Aboriginal and Torres Strait Islander Corporations (Registrar), and the plaintiff otherwise be exempted from compliance with section 481(5) of the Corporations Act 2001. 4. An order that, with effect from the date that the plaintiff complies with order 3: (a) the plaintiff be released as liquidator of the Corporation; and (b) the Registrar deregister the Corporation. 5. The plaintiff's costs of and incidental to this application be paid from the surplus funds from the liquidation of the Corporation. 6. The requirements of Rule 2.8(3) of the Federal Court (Corporations) Rules 2000 be dispensed with. 7. The requirements of regulation 5.6.71 of the Corporations Regulations 2001 be dispensed with. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.