Federal Court of Australia
Federal Court of Australia
Walker (Administrator), in the matter of Childcare Development Opportunities Pty Ltd [2024] FCA 1133 File number: NSD 1343 of 2024
Judgment of: STEWART J
Date of judgment: 25 September 2024
Catchwords: CORPORATIONS – where a judge of the Federal Circuit and Family Court of Australia (Division 2) made orders under the Corporations Act 2001 (Cth) in property settlement proceedings under the Family Law Act 1975 (Cth) empowering the wife to make resolutions on behalf of companies of which the husband was a director and she was not – where the Division 2 Court had no original jurisdiction to make such orders and there is a question whether it had "associated" jurisdiction under s 134 of the Federal Circuit and Family Court of Australia Act 2021 (Cth) to do so – where the wife by resolutions appointed joint and several administrators to the four companies – where the administrators, uncertain of the validity of their appointment, sought the operation of Pt 5.3A of the Corporations Act 2001(Cth) in relation to each company as if the resolutions by the wife as a resolution of the director of each of the companies was valid for the purposes of s 436A of the Corporations Act – whether the recognition of the validity of the administrators' appointment would further the objects of Pt 5.3A of the Corporations Act 2001 (Cth) as identified in s 435A – whether s 436A relief should be granted
Legislation: Corporations Act 2001 (Cth), ss 337C(1), 435A, 436A, 447A(1), Pt 5.3A Family Law Act 1975 (Cth), ss 79, 80 Federal Circuit and Family Court of Australia Act 2021 (Cth), s 134
Cases cited: Donnola v Silverleaf Constructions Co Pty Ltd (No 2) [2024] FedCFamC2G 577 Re Kahlefeldt Securities Pty Ltd (Administrators Appointed) [2022] NSWSC 939
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