Federal Court of Australia
Federal Court of Australia
Ozito Industries Pty Ltd v Australian Securities and Investments Commission, in the matter of Ozito Industries Pty Ltd [2020] FCA 1432 File number: VID 283 of 2020
Judgment of: O'BRYAN J
Date of judgment: 2 October 2020
Catchwords: CORPORATIONS – financial reporting and lodging requirements under Part 2M.3 of the Corporations Act 2001 (Cth) – inadvertent failure to comply with conditions of exemption under ASIC Corporations (Wholly-owned Companies) Instrument 2016/785 – relief from non-compliance under s 1322 – requirements of ss 1322(4) and (6) – appropriate form of orders – relief to be limited to a contravention arising by reason of identified acts or omissions
Legislation: Corporations Act 2001 (Cth) ss 292, 301, 314, 315, 319, 1274(11) and 1322 ASIC Corporations (Wholly-owned Companies) Instrument 2016/785
Cases cited: Re Australian Dairy Farms Ltd [2018] FCA 2056 Re ComfortDelGro Corporation Australia Pty Ltd [2020] FCA 378 Car Buyers Australia Pty Limited v Australian Securities and Investments Commission Ltd [2020] FCA 599 Re EHR Resources Ltd [2018] FCA 997 Re Murray River Organics Ltd [2019] FCA 931; (2019) 138 ACSR 365 Re Navitas Bundoora Pty Ltd [2020] WASC 87
Division: General Division
Registry: Victoria
National Practice Area: Commercial and Corporations
Sub-area: Corporations and Corporate Insolvency
Number of paragraphs: 34
Date of last submission: 6 August 2020
Date of hearing: 21 May 2020
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