Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Allkem Limited, in the matter of Allkem Limited (No 2) [2023] FCA 1657 File number: WAD 255 of 2023
Judgment of: BANKS-SMITH J
Date of judgment: 20 December 2023
Date of publication of reasons: 21 December 2023
Catchwords: CORPORATIONS - application to approve scheme of arrangement under s 411(4)(b) of the Corporations Act 2001 (Cth) - condition imposed under s 411(6) - Securities Act of 1933 (US) exemption - scheme approved
Legislation: Corporations Act 2001 (Cth) ss 411, 1322, Chapter 6 Securities Act of 1933 (USA) s 3
Cases cited: Allkem Limited, in the matter of Allkem Limited [2023] FCA 1397 Amcor Limited, in the matter of Amcor Limited (No 2) [2019] FCA 842 Aston Resources Limited, in the matter of Aston Resources Limited (No 2) [2012] FCA 401 Atlantic Gold NL, in the matter of Atlantic Gold NL (No 2) [2014] FCA 869 Central Pacific Minerals NL [2002] FCA 239 Chevron (TAPL) Pty Ltd v Chevron Australia Pty Ltd, in the matter of Chevron (TAPL) Pty Ltd (No 2) [2022] FCA 381 DDH1 Limited, in the matter of DDH1 Limited (No 3) [2023] FCA 1153 Decimal Software Limited, in the matter of Decimal Software Limited (No 2) [2018] FCA 2040 Essential Metals Limited, in the matter of Essential Metals Limited [2023] FCA 240 Essential Metals Limited, in the matter of Essential Metals Limited (No 2) [2023] FCA 1306 Ex Parte Saracen Mineral Holdings Ltd [No 2] [2021] WASC 32 In the matter of Ardent Leisure Limited trading as Ardent Leisure Limited; Ardent Leisure Management Limited in its capacity as the responsible entity of the Ardent Leisure Trust (No 2) [2018] NSWSC 1990 OreCorp Limited, in the matter of OreCorp Limited [2023] FCA 1359 Permanent Trustee Company [2002] NSWSC 1177 Quintis Limited, in the matter of Quintis Limited (subject to deed of company arrangement) (receivers and managers appointed) (No 2) [2018] FCA 1510 Re Bardoc Gold Ltd; Ex Parte Bardoc Gold Ltd (No 2) [2022] WASC 113 Re Ellerston Global Investments Ltd [2020] NSWSC 1108 Re NRMA Ltd (No 2) [2000] NSWSC 408 Re Ovato Print Pty Ltd [2020] NSWSC 1882 Real Energy Corporation Limited, in the matter of Real Energy Corporation Limited (No 2) [2021] FCA 422 Seven Network Limited, in the matter of Seven Network Limited (No 3) [2010] FCA 400 Snowside Pty Ltd as trustee for the Snowside Trust v Boart Longyear Ltd [2017] NSWCA 215 Tronox Limited, in the matter of Tronox Limited (No 2) [2019] FCA 681
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