Federal Court of Australia
Federal Court of Australia
Ford v Commissioner of Taxation, in the matter of Careers Australia Group Limited (in liq) (No 2) [2022] FCA 1151 File numbers: VID 238 of 2020 VID 749 of 2021
Judgment of: O'BRYAN J
Date of judgment: 28 September 2022
Catchwords: PRACTICE AND PROCEDURE – case management –whether issue of insolvency should be referred to a referee for inquiry and report in accordance with s 54A of the Federal Court of Australia Act 1976 (Cth) – alternatively, whether issue of insolvency to be determined at trial on the basis of lay and expert evidence – whether discovery to be given on the issue of insolvency
Legislation: Corporations Act 2001 (Cth) s 588G(1) Federal Court of Australia Act 1976 (Cth) ss 37M, 54A Federal Court Rules 2011 (Cth) Div 28.6
Cases cited: Jahani (liquidator) v Alfabs Mining Equipment Pty Ltd, in the matter of Delta Coal Mining Pty Ltd (in liq) (No 2) [2021] FCA 927 Jahani (liquidator) v Commissioner of Taxation, in the matter of Delta Coal Mining Pty Ltd (in liq) [2020] FCA 1642 Kadam v MiiResorts Group 1 Pty Ltd (No 4) (2017) 252 FCR 298 Optiver Australia Pty Ltd v Tibra Trading Pty Ltd (2012) 203 FCR 520 Sheehan v Lloyds Names Munich Re Syndicate Ltd [2017] FCA 1340 Stone in his capacity as liquidator of Cardinal Group Pty Ltd (In Liq) v Ebeid [2020] FCA 343 Super Pty Ltd v SJP Formwork (Aust) Pty Ltd (1992) 29 NSWLR 549 Weston in his capacity as liquidator of Starcom Group Pty Ltd (In Liq) v Rajan [2019] FCA 1455
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