Federal Court of Australia
Federal Court of Australia
Incannex Healthcare Limited, in the matter of Incannex Healthcare Limited [2023] FCA 1441 File number: VID 767 of 2023
Judgment of: BESANKO J
Date of judgment: 4 October 2023
Date of publication of reasons: 28 November 2023
Catchwords: CORPORATIONS —– scheme of arrangement —– first court hearing —– application under ss 411 and 1319 of the Corporations Act 2001 (Cth) —– where commercial purpose of scheme is to effect the acquisition of Incannex Healthcare Limited (IHL) by Incannex US resulting in the re-domicile of IHL and its related bodies corporate from Australia to the United States of America —– whether appropriate to make orders convening a meeting for shareholders and for optionholders —– whether procedural and statutory requirements met —– whether schemes are fit for consideration by members —– whether members are to be properly informed as to the nature of the schemes – held it is appropriate to make the orders sought
Legislation: Corporations Act 2001 (Cth) ss 9, 411, 412, 1319 Corporations Regulations 2001 (Cth) reg 5.1.01, Sch 8 Federal Court (Corporations) Rules 2000 (Cth) rr 1.3, 2.4, 3.2, 3.4
Cases cited: Amcor Limited, in the matter of Amcor Limited [2019] FCA 346 Blackmores Limited, in the matter of Blackmores Limited [2023] FCA 624 GetSwift Limited, in the matter of GetSwift Limited (No 2) [2020] FCA 1733 In the Matter of Foundation Healthcare Limited [2002] FCA 742; (2002) 42 ACSR 252 Healthscope Limited, in the matter of Healthscope Limited [2019] FCA 542; (2019) 139 ACSR 608 Japara Healthcare Limited, in the matter of Japara Healthcare Limited [2021] FCA 1150; (2021) 156 ASCR 695 News Corporation Ltd [2004] FCA 1480; (2004) 51 ACSR 394 OPUS Group Limited, in the matter of OPUS Group Limited [2018] FCA 959 Re Cytopia Ltd [2009] VSC 560 Re Skilled Group Ltd (No 1) [2015] VSC 789; (2015) 113 ACSR 525 Vita Group Ltd, in the matter of Vita Group Ltd [2023] FCA 400; (2023) 165 ACSR 576
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate