Federal Court of Australia
Federal Court of Australia
Macalister, in the matter of an application by Macalister [2021] FCA 1455 File number: WAD 222 of 2021
Judgment of: BANKS-SMITH J
Date of judgment: 19 November 2021
Date of publication of reasons: 22 November 2021
Catchwords: CORPORATIONS - application by undischarged bankrupts for leave to manage corporation under s 206G(1) Corporations Act 2001 (Cth) - application for order that applicants not disqualified persons under s 126J(1)(b) Superannuation Industry (Supervision) Act 1993 (Cth) - business of corporation limited to acting as trustee of self-managed superannuation fund of which applicants are only members - weighing of relevant factors - no contradictor - orders made subject to condition offered by applicants
Legislation: Bankruptcy Act 1966 (Cth) ss 5, 116, 153 Corporations Act 2001 (Cth) ss 29D, 201B, 206A, 206B, 206G, 206GAB, Part 2D.6 Superannuation Industry (Supervision) Act 1993 (Cth) ss 3, 17A, 29D, 126J, 126K, Part 15
Cases cited: Frigger, in the matter of an application by Frigger [2019] FCA 1730 GFD v BJD [2018] WASC 374 Porter, Application under the Superannuation Industry (Supervision) Act 1993 [2012] FCA 1431
Division: General Division
Registry: Western Australia
National Practice Area: Commercial and Corporations
Sub-area: Corporations and Corporate Insolvency
Number of paragraphs: 45
Date of hearing: 19 November 2021
Counsel for the applicants: Mr GD Cobby SC
Solicitor for the applicants: Tottle Partners
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