Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Carter v Australian Securities & Investments Commission [2018] FCA 1064 File number: WAD 241 of 2018
Judge: COLVIN J
Date of judgment: 18 July 2018
Catchwords: CORPORATIONS – disqualification from managing corporations – s 206F of Corporations Act 2001 (Cth) – whether notice of disqualification validly served by ASIC – meaning of requirement for notice to be served 'on the person' – where notice provided electronically to applicant's solicitor – where notice came to the actual attention of the applicant – notice validly served – application dismissed
Legislation: Acts Interpretation Act 1901 (Cth) s 28A Corporations Act 2001 (Cth) ss 5C, 206A, 206F Electronic Transactions Act 1999 (Cth) s 9
Cases cited: Edelbrand Pty Ltd v HM Australia Holdings Pty Ltd [2012] NSWCA 31 Italiano v Carbone [2005] NSWCA 177 Spencer v Bamber [2012] NSWCA 274 Woodgate v Garard Pty Ltd [2010] NSWSC 508; (2010) 239 FLR 339
Date of hearing: 13 July 2018
Registry: Western Australia
Division: General Division
National Practice Area: Commercial and Corporations
Sub-area: General and Personal Insolvency
Category: Catchwords
Number of paragraphs: 37
Counsel for the Applicant: Mr S Penglis
Solicitor for the Applicant: CX Law
Counsel for the Respondent: Mr S Wright SC & Mr D Blades
Solicitor for the Respondent: Australian Securities & Investments Commission
ORDERS WAD 241 of 2018
BETWEEN: RODNEY CHARLES CARTER Applicant
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