Carter (liquidator), in the matter of Australian Vocational Learning Institute Pty Ltd (in liq) (No 3) [2024] FCA 708

Federal Court of Australia

Carter (liquidator), in the matter of Australian Vocational Learning Institute Pty Ltd (in liq) (No 3) [2024] FCA 708 File number(s): NSD 1384 of 2019

Judgment of: HALLEY J

Date of judgment: 28 June 2024

Catchwords: CORPORATIONS – application by liquidator of company for approval under s 477(2B) of the Corporations Act 2001 (Cth) to enter into a variation to a funding agreement on behalf of company in liquidation – factors relevant to the Court's assessment of an application under s 477(2B) – application granted PRACTICE AND PROCEDURE – application by liquidator for suppression order under s 37AF and s 37AG of the Federal Court of Australia Act 1976 (Cth) – whether order is necessary to prevent prejudice to the proper administration of justice – legitimate scope of suppression orders – orders made in less extensive terms than sought by liquidator

Legislation: Corporations Act 2001 (Cth) s 477(2B) Federal Court of Australia Act 1976 (Cth) ss 37AF, 37AG

Cases cited: Carter, in the matter of Australian Vocational Learning Institute Pty Ltd (in liq) [2019] FCA 1638 Fortress Credit Corporation (Australia) II Pty Ltd v Fletcher (2011) 281 ALR 38; [2011] FCAFC 89 Fortress Credit Corporation (Australia) II Pty Ltd v Fletcher and Barnet (2015) 89 NSWLR 110; [2015] NSWCA 85 Robinson, in the matter of Reed Constructions Australia Pty Ltd (in liq) [2017] FCA 594 Re ACN 076 673 875 Ltd (rec and mgr apptd) (in liq) (2002) 42 ACSR 296; [2002] NSWSC 578 Re AP & PJ King Pty Ltd (in liq) [2006] NSWSC 315