York, in the matter of Exactech, Inc (No 2) [2025] FCA 73

Federal Court of Australia York, in the matter of Exactech, Inc (No 2) [2025] FCA 73 File number(s):

Judgment of: HALLEY J

Date of judgment: 6 February 2025

Date of publication of reasons 12 February 2025

Catchwords: BANKRUPTCY AND INSOLVENCY – application for recognition of United States bankruptcy proceeding as a "foreign main proceeding" pursuant to the Cross-Border Insolvency Act 2008 (Cth) and the Model Law on Cross-Border Insolvency of the United Nations Commission on International Trade Law (Model Law) – whether proceeding a "foreign proceeding" and a "foreign main proceeding" pursuant to art 17 of the Model Law – orders made PRACTICE AND PROCEDURE – application to dispense with r 15A.7 of the Federal Court (Corporations) Rules 2000 (Cth) – where plaintiffs seek to modify notification regime – where number of interested affected persons yet to be ascertained – orders made

Corporations Act 2001 (Cth) Pt 5.3A Legislation: Cross‑Border Insolvency Act 2008 (Cth) Sch 1, Model Law on Cross-Border Insolvency of the United Nations Commission on International Trade Law (UNCITRAL) arts 2, 15, 16, 17 Federal Court (Corporations) Rules 2000 (Cth) Div 15A, rr 15A.3, 15A.7

Akers v Deputy Commission of Taxation (2014) 223 FCR 8; [2014] FCAFC 57 Aquino (Trustee), Re Mcgowan (Bankrupt) v Mcgowan [2020] FCA 221 Bradley, in the matter of Astora Women's Health, LLC v Astora Women's Health, LLC (No 2) [2022] FCA 1268 Kapila, in the matter of Edelsten (2014) 320 ALR 506; [2014] FCA 1112 Cases cited: Moore as Debtor-in-Possession of Australian Equity Investors v Australian Equity Investors [2012] FCA 1002 Re Senvion GmbH (No 2) (2019) 140 ACSR 20; [2019] FCA 1732 Tai-Soo Suk v Hanjin Shipping Co Ltd [2016] FCA 1404 York, in the matter of Exactech, Inc [2024] FCA 1522 Young, Jr, in the matter of Buccaneer Energy Limited v Buccaneer Energy Limited [2014] FCA 711