PRACTICE AND PROCEDURE – application by the plaintiff for freezing and ancillary orders concerning the assets of the second defendant and third parties – plaintiff contends that the second defendant: (1) wrongly failed to transfer to the plaintiff the issued shares in the first defendant; (2) diverted funds belonging to the first defendant to the second defendant and to the third parties – s 1323 of the Corporations Act 2001 (Cth) not available as no action under the Act – risk of frustration of the Court’s processes ameliorated by the appointment of an administrator to the first defendant – application dismissed
PRACTICE AND PROCEDURE – application by the plaintiff for an order under s 1324(2) of the Act requiring the second defendant to provide the plaintiff with access to the books of the first defendant – discretion not enlivened as the second defendant is not required by the Act to provide such access – in any event inappropriate to order the second defendant to provide such access when she is obliged to deliver all such books in her possession to the administrator – application dismissed
Related cases – freezing orders
-
First Class Securities Limited v Global Future Holdings Pty Ltd (Freezing Orders) [2026] FCA 48
PRACTICE AND PROCEDURE – application for freezing orders pursuant to r 7.32 of the Federal Court Rules 2011 (Cth) – where ex parte freezing orders and asset disclosure orders have been made against the respondents – whether applicant has established good arguable case, risk of undermining the Court’s processes – whether balance of convenience favours…
-
First Class Securities Limited v Global Future Holdings Pty Ltd [2026] FCA 1
PRACTICE AND PROCEDURE – urgent ex parte application for freezing orders under r 7.32 of the Federal Court Rules 2011 (Cth) – consideration of applicable principles – consideration of suspicious, irregular and unusual explanations for the non-repayment of an acknowledged debt of USD $7.5 million – orders made
-
3D Access Pty Ltd v Buzasi [2025] FCA 1105
PRACTICE AND PROCEDURE – interlocutory application for urgent injunctive relief and freezing orders – where first respondent a former employee, director and shareholder of first applicant – where employment contract contained restraint clause prohibiting post-employment solicitation of or interference with clients – where first respondent’s notice of departure as a shareholder given under exit agreement…
