PRACTICE AND PROCEDURE – application for default judgment pursuant to r 5.23(2)(c) of the Federal Court Rules 2011 (Cth) – where second, third and fourth respondents have failed to comply with Court orders and failed to appear – where second, third and fourth respondents have failed to file notice of address for service – where second, third and fourth respondents in default of appearance – applicant entitled to relief in relation to oppression and derivative claims for breaches of fiduciary duties and ss 180-183 of the Corporations Act 2001 (Cth) – relief granted
Related cases on shareholder oppression
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Australian Securities and Investments Commission v Falcon Capital Limited (No 2) [2025] FCA 1034
CORPORATIONS – application by ASIC for travel restraint orders and freezing orders under s 1323 of the Corporations Act 2001 (Cth) – where orders previously obtained on an ex parte basis – where orders subsequently extended by consent – where the defendant sought to have orders set aside on the basis of non-disclosure of material…
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ASIC v Falcon Capital Ltd [2025] FCA 359
CORPORATIONS – winding up – application by ASIC for the winding up of a company on the just and equitable ground, together with a direction that the liquidator wind up a registered managed investment scheme and underlying unregistered funds – where the company accepted that the company and the funds should be wound down –…
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One Tree Agriculture Pty Ltd v Lye [2025] FCA 126
CORPORATIONS – directors – appointment and resignation – application to fix date of resignation – delay in filing notice of resignation – whether applicant established date on which they stopped being a director – whether just and equitable to fix date of resignation after ASIC register had been relied on by third party –…
