Australian Securities and Investments Commission v Antares Energy Ltd (administrators appointed) [2017] FCA 1518

FEDERAL COURT OF AUSTRALIA

Australian Securities and Investments Commission v Antares Energy Ltd (administrators appointed) [2017] FCA 1518 File number(s): WAD 588 of 2017

Judge(s): SIOPIS J

Date of judgment: 4 December 2017

Catchwords: PRACTICE AND PROCEDURE – application to serve originating process on a defendant resident in the United States of America – the originating application alleges that the defendant contravened s 674(2A) and s 180(1) of the Corporations Act 2001 (Cth) – the plaintiff claims that the defendant pay a pecuniary penalty.

Legislation: Corporations Act 2001 (Cth) ss 180(1), 674(2), 674(2A), 1337B Federal Court Rules 2011 (Cth) rr 10.42, 10.43, 10.44

Cases cited: Fair Work Ombudsman v Transpetrol TM As [2017] FCA 311

Date of hearing: 4 December 2017

Registry: Western Australia

Division: General Division

National Practice Area: Commercial and Corporations

Sub-area: Corporations and Corporate Insolvency

Category: Catchwords

Number of paragraphs: 29

Counsel for the Plaintiff: Mr S Vandongen SC

Solicitor for the Plaintiff: Australian Securities and Investments Commission

ORDERS WAD 588 of 2017

BETWEEN: AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION Plaintiff

AND: ANTARES ENERGY LTD (ADMINISTRATORS APPOINTED) ACN 009 230 835 First Defendant

JAMES ANDREW CRUICKSHANK Second Defendant

JUDGE: SIOPIS J DATE OF ORDER: 4 DECEMBER 2017

THE COURT ORDERS THAT:

1. The plaintiff has leave, pursuant to s 440D(1) of the Corporations Act 2001 (Cth), to commence and maintain Federal Court of Australia proceeding no WAD 588 of 2017 against Antares Energy (administrators appointed) ACN 009 230 835, on condition that: (a) ASIC continues to seek only declaratory relief, but not pecuniary penalties, damages or an account of profits from the first defendant; and (b) ASIC is not entitled to enforce any judgment order against the first defendant without leave of the Court. 2. Pursuant to Rule 10.43(2) of the Federal Court Rules 2011 (Cth), the plaintiff has leave to serve the Originating Process dated 27 November 2017, filed in these proceedings, on the second defendant in the United States of America, in accordance with the Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters done at the Hague on 15 November 1965. 3. Pursuant to Rule 10.44(1) of the Federal Court Rules 2011 (Cth), the plaintiff has leave to serve copies of the following documents on the second defendant in the United States of America, in accordance with the Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters done at the Hague on 15 November 1965: (a) the Concise Statement dated 27 November 2017, filed in these proceedings; (b) the Interlocutory Process dated 28 November 2017, filed in these proceedings; (c) the Affidavits of Vincent Geneste sworn 28 November 2017 and 4 December 2017; and (d) these orders. 4. The matter be listed for a further case management hearing at 10.15 am on Tuesday, 6 March 2018. 5. The parties have liberty to apply on 3 days' notice. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.