Federal Court of Australia
Federal Court of Australia
Transport Workers' Union of Australia, in the matter of Virgin Australia Holdings Ltd (administrators appointed) (No 2) [2020] FCA 1284 File number: NSD 914 of 2020
Judgment of: MIDDLETON J
Date of judgment: 3 September 2020
Date of publication of reasons: 4 September 2020
Catchwords: CORPORATIONS – administration – creditors' meeting – proxies – attendance of employees' unions as attorneys for employees – application for orders under Corporations Act 2001 (Cth), s 447A and s 90-15 of the Insolvency Practice Schedule (Corporations) CORPORATIONS – whether it is appropriate to make orders implementing a process to allow the administrators, when preparing the minutes of forthcoming creditors' meetings, not to include the names of the employees who are represented at the meetings by unions – if question of specific identity of a creditor arises, that information is ascertainable by the administrators – not essential that the minutes of the forthcoming creditors' meetings include the names of all those employee creditors who are represented by their unions – appropriate to make the orders sought
Legislation: Corporations Act 2001 (Cth), s 447A Corporations Act 2001 (Cth), Schedule 2 – Insolvency Practice Schedule (Corporations), s 90-15 Fair Work Act 2009 (Cth), ss 3(e), 346, 347(a) Insolvency Practice Rules (Corporations) 2016 (Cth), r 75-145
Cases cited: Australasian Memory Pty Ltd v Brien (2000) 200 CLR 270 Australian Securities and Investments Commission v Hellicar (2012) 247 CLR 345 Strawbridge, in the matter of Virgin Australia Holdings Ltd (administrators appointed) [2020] FCA 571 Strawbridge, in the matter of Virgin Australia Holdings Ltd (administrators appointed) (No 6) [2020] FCA 1172 Transport Workers' Union of Australia, in the matter of Virgin Australia Holdings Ltd (administrators appointed) [2020] FCA 1218 Weeden v Rambaldi [2013] FCAFC 12 Wells Fargo Trust Company, National Association (trustee) v VB Leaseco Pty Ltd (administrators appointed) [2020] FCA 1269
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