Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Mentha, in the matter of Arrium Limited (administrators appointed) [2016] FCA 487 File number: VID 383 of 2016
Judge: DAVIES J
Date of judgment: 10 May 2016
Catchwords: BANKRUPTCY AND INSOLVENCY – administration – extension of time for convening second creditors' meeting – where complex group administration – extension granted – Corporations Act 2001 (Cth) s 439A(6) BANKRUPTCY AND INSOLVENCY – administration – debts and liabilities of administrators – where previous administrators had resigned – where transition agreement entered into – modification of operation of s 443A of the Corporations Act 2001 (Cth) – Corporations Act 2001 (Cth) s 447A BANKRUPTCY AND INSOLVENCY – administration – requirements to notify and inform creditors – whether notification including by email and publication to websites appropriate – modification of operation of s 439A of the Corporations Act 2001 (Cth) – Corporations Act 2001 (Cth) s 447A BANKRUPTCY AND INSOLVENCY – administration – remuneration of administrators – where complex group administration – where one committee of creditors established for all group companies – modification of operation of s 449E of the Corporations Act 2001 (Cth) – Corporations Act 2001 (Cth) s 447A
Legislation: Corporations Act 2001 (Cth) ss 439A, 447A, 449E Federal Court Rules 2011 (Cth) r 1.34 Federal Court (Corporations) Rules 2000 (Cth) rr 1.3, 2.4(2)
Cases cited: Australasian Memory Pty Ltd v Brien (2000) 200 CLR 270; [2000] HCA 30 Australian Workers' Union v Billingham, in the matter of Arrium Limited (administrators appointed) [2016] FCA 384 Carson, in the matter of Hastie Group Limited [2012] FCA 626 In the matter of Creative Memories Australia Pty Ltd (administrators appointed) [2013] NSWSC 732 Parbery, in the matter of NewSat Limited (administrators appointed ) (receivers and managers appointed) [2015] FCA 435 Re Daisytek Australia Pty Ltd (administrators appointed) (2003) 45 ACSR 446; [2003] FCA 575 Re Henry Walker Eltin Group Ltd (administrators appointed) (2000) 54 ACSR 383; [2005] FCA 994 Re Riviera Group Pty Ltd (administrators appointed) (receivers and managers appointed) (2009) 72 ACSR 352; [2009] NSWSC 585
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