Blakeley v Ausmart Services Pty Ltd (in liq), in the matter of Ausmart Services Pty Ltd (in liq) [2021] FCA 1470

Federal Court of Australia

Blakeley v Ausmart Services Pty Ltd (in liq), in the matter of Ausmart Services Pty Ltd (in liq) [2021] FCA 1470 File number(s): VID 591 of 2021

Judgment of: O'CALLAGHAN J

Date of judgment: 22 November 2021

Catchwords: CORPORATIONS – pooling orders – orders sought determining that defendant companies constitute a "pooled group" under s 579E of the Corporations Act 2001 (Cth) – whether defendant companies constituted "a group of 2 or more companies" – whether companies "own particular property that is or was used, or for use, by any or all of the companies in the group in connection with a … scheme … carried on jointly" – where companies not connected by shareholdings or common directors – where companies controlled by a group of associates in furtherance of the scheme – where scheme involved among other things tax evasion, asset diversion, and money laundering CORPORATIONS – "shelf order" sought under s 588F of the Corporations Act 2001 (Cth) – orders sought for relief from requirements to establish and operate bank accounts for each company

Legislation: Corporations Act 2001 (Cth) ss 579E, 579E(1), 579E(1)(b)(iv), 579E(2), 579E(3), 579E(4), 579E(10), 579E(11), 579E(12), 579G, 579G(1)(d), 588FF(3), 588FF(3)(b), Schedule 2 ss 65-25, 65-45, 90-15, 90-15(1)

Cases cited: Allen v Feather Products Pty Ltd (2008) 72 NSWLR 597 Brown v DML Resources Pty Ltd (No 5) (in liq) [2001] NSWSC 973; (2001) 166 FLR 1 Fortress Credit Corporation (Australia) II Pty Ltd v Fletcher (2015) 254 CLR 489 Re Cohalan & Mitchell Roofing (in liq) [2020] VSC 222 Re Lombe [2011] NSWSC 1536; (2011) 87 ACSR 84 Re Watch Works Australia Pty Ltd (in liq); ex parte Francis [2020] WASC 6