Jonsson, in the matter of Institute for Aboriginal Development (Aboriginal Corporation) (administrator appointed) [2019] FCA 862

FEDERAL COURT OF AUSTRALIA

Jonsson, in the matter of Institute for Aboriginal Development (Aboriginal Corporation) (administrator appointed) [2019] FCA 862 File number: QUD 354 of 2019

Judge: DERRINGTON J

Date of judgment: 5 June 2019

Catchwords: CORPORATIONS – indigenous corporation – administration – extension of convening period

Legislation: Corporations (Aboriginal and Torres Strait Islander) Act 2006 (Cth) s 521-1 Corporations Act 2001 (Cth) s 447A(1)

Date of hearing: 5 June 2019

Registry: Queensland

Division: General Division

National Practice Area: Commercial and Corporations

Sub-area: Corporations and Corporate Insolvency

Category: Catchwords

Number of paragraphs: 7

Counsel for the Plaintiff: Mr P O'Brien

Solicitor for the Plaintiff: Holman Webb

ORDERS QUD 354 of 2019 IN THE MATTER OF INSTITUTE FOR ABORIGINAL DEVELOPMENT (ABORIGINAL CORPORATION) (IN ADMINISTRATION) ICN 7395 ANTHONY JAMES JONSSON AS ADMINISTRATOR OF INSTITUTE FOR ABORIGINAL DEVELOPMENT (ABORIGINAL CORPORATION) ICN 7395 Plaintiff

JUDGE: DERRINGTON J DATE OF ORDER: 5 JUNE 2019

THE COURT ORDERS THAT:

1. Pursuant to s 521.1 of the Corporations (Aboriginal and Torres Strait Islander) Act 2006 (Cth) (CATSI Act) and s 439A(6) of the Corporations Act 2001 (Cth) (the Act) the convening period by which the plaintiff is required by s 439A of the Act to convene the second meeting of creditors of Institute For Aboriginal Development (Aboriginal Corporation) (Administrator Appointed) ICN 7395 (the Company) is extended up to and including 31 July 2019. 2. Pursuant to s 447A(1) of the Act, that Part 5.3A of the Act is to operate in relation to the Company such that, notwithstanding s 439A(2) of the Act, the second meeting of creditors be convened at any time during, or within 5 business days after the end of, the convening period as extended by the Court, provided that the plaintiff gives notice of the meetings in accordance with the CATSI Act and the Act. 3. Within 3 business days of these orders being entered, the plaintiffs cause notice of the orders to be given to creditors of the Company by: (a) means of a circular sent by post or email to all known creditors of the Company (including persons claiming to be creditors) for whom or which the plaintiff has a current email or postal address; (b) placing a sealed copy of these orders on the website of the plaintiff; (c) to all members of the company; and (d) causing such notice to be sent to the Office of the Registrar of Indigenous Corporations. 4. Liberty to apply be granted to any person, including any creditor of the Company or the Registrar of Indigenous Corporations, who can demonstrate sufficient interest to set aside or vary Orders 1 and 2 above on the giving of 3 days' notice to the plaintiff and to the Court. 5. The plaintiff has leave to apply for any further extension of the convening period referred to in Order 1 or in relation to any other matter arising in the administration of the Company generally. 6. The costs of this application be costs and expenses in the administration of the Company and be paid out of their assets. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.