Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Allkem Limited, in the matter of Allkem Limited [2023] FCA 1397 File number: WAD 255 of 2023
Judgment of: BANKS-SMITH J
Date of judgment: 8 November 2023
Date of publication of reasons: 10 November 2023
Catchwords: CORPORATIONS - members' scheme of arrangement - first court hearing - order sought under s 411(1) of the Corporations Act 2001 (Cth) - scheme part of transaction to combine two companies active in lithium mining and production - parallel scheme in Australia and merger in United States of America - scheme consideration by way of shares or CHESS depository interests - treatment of ineligible foreign shareholders - director benefits and recommendation - performance risk - termination fee - exclusivity arrangements - performance rights - order made for convening of shareholders' meeting
Legislation: Corporations Act 2001 (Cth) ss 411, 412, Parts 5.1, 6 Corporations Regulations 2001 (Cth) Schedule 8 Federal Court (Corporations Rules) 2000 (Cth) r 2.13
Cases cited: Amcom Telecommunications Limited, in the matter of Amcom Telecommunications Limited [2015] FCA 341 Amcor Limited, in the matter of Amcor Limited [2019] FCA 346 Asaleo Care Limited, in the matter of Asaleo Care Limited [2021] FCA 406 Chevron (TAPL) Pty Ltd v Chevron Australia Pty Ltd, in the matter of Chevron (TAPL) Pty Ltd [2022] FCA 220 DDH1 Limited, in the matter of DDH1 Limited [2023] FCA 982 Essential Metals Limited, in the matter of Essential Metals Limited [2023] FCA 240 In the matter of Ovato Print Pty Ltd [2020] NSWSC 1683 Ludowici Limited, in the matter of Ludowici Limited [2012] FCA 489 OreCorp Limited, in the matter of OreCorp Limited [2023] FCA 1359 Programmed Maintenance Services Limited, in the matter of Programmed Maintenance Services Limited [2017] FCA 1265 Re Dyno Nobel Ltd [2008] VSC 154 Re Skilled Group Limited (No 1) [2015] VSC 789 Re Wesfarmers Ltd; Ex parte Wesfarmers Ltd [2018] WASC 308 Signature Gold Ltd, in the matter of Signature Gold Ltd [2017] FCA 1481 Talon Energy Ltd, in the matter of Talon Energy Ltd [2023] FCA 1362 Tawana Resources NL, in the matter of Tawana Resources NL (No 3) [2018] FCA 1952 ThinkSmart Limited, in the matter of ThinkSmart Limited [2022] FCA 1314
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