Walton & Anor v ACN 004 410 833 Ltd (formerly Arrium Ltd) (in liquidation) & Ors
Case No.
S20/2021
Case Information
Lower Court Judgment
30/07/2020 Supreme Court of New South Wales (Court of Appeal) (Bathurst CJ, Bell P; Leeming JA)
Catchwords
Corporations – Examinations relating to insolvency – Abuse of process – Where s 596A of Corporations Act 2001 (Cth) requires court to issue examinations summons to a person about a company if “eligible applicant” applies for summons – Where “eligible applicants” include persons authorised by Australian Securities and Investments Commission (“ASIC”) – Where ASIC can only authorise person if person’s purpose is for benefit of corporation, its contributories or its creditors – Where applicants shareholders of respondent – Where, in 2014, respondent successfully completed capital raising for purpose of paying down debt – Where respondent entered into voluntary administration in 2016 and liquidation in 2019 – Where ASIC authorised applicants as “eligible applicants” to conduct examinations of respondent’s directors and officers – Where NSW Court of Appeal found applicants’ predominant purpose investigation and pursuit of shareholders’ private claim against directors in relation to 2014 capital raising – Where Court of Appeal held fulfilment of that purpose would not confer benefit on corporation, creditors or contributories, and therefore offensive to purpose for which s 596A enacted and abuse of process – Whether implicit purpose of obtaining information about potential misconduct is beneficial to corporation – Whether applicants’ purposes offensive or foreign to s 596A.
Documents
11/02/2021 Hearing (SLA, Canberra)
24/02/2021 Notice of appeal
15/04/2021 Written submissions (Appellants)
15/04/2021 Chronology (Appellants)
13/05/2021 Written submissions (First respondent)
13/05/2021 Written submissions (Second respondent)
03/06/2021 Reply
11/08/2021 Hearing (Full Court, Canberra) VACATED
06/10/2021 Hearing (Full Court, Canberra by video connection) (Audio-visual recording)
06/10/2021 Outline of oral argument (Appellant)
06/10/2021 Outline of oral argument (First respondent)
06/10/2021 Outline of oral argument (Second respondent)
07/10/2021 Hearing (Full Court, Canberra by video connection) (Audio-visual recording)
16/02/2022 Judgment (Judgment summary)
Ridd v. James Cook University
Case No.
B12/2021
Case Information
Lower Court Judgment
22/07/2020; 31/07/2020 Federal Court of Australia (Griffiths, Rangiah and SC Derrington JJ)
[2020] FCAFC 123; [2020] FCAFC 132
Catchwords
Industrial law – Enterprise agreement – Where applicant employed as professor by respondent under James Cook University Enterprise Agreement (“EA”) – Where EA cl 14 protected right to intellectual freedom and specified limits – Where respondent has Code of Conduct and in cl 13, parties to EA expressed commitment to Code – Where cl 54 provided disciplinary action could only be taken for “misconduct” or “serious misconduct” – Where “serious misconduct” included breach of Code – Where respondent took disciplinary action against applicant on basis applicant breached Code by failure to act in collegial manner and to uphold integrity and good reputation of respondent – Where applicant successfully brought proceedings in Federal Circuit Court alleging respondent contravened EA because he could not be disciplined for conduct protected under cl 14 – Where respondent successfully appealed to Full Court of the Federal Court – Whether applicant’s conduct protected by cl 14 – Whether, on proper construction of EA, cl 14, 13 and Code should be read together – If so, whether cl 13 qualifies cl 14 or vice versa.
Documents
11/02/2021 Hearing (SLA, Canberra)
23/02/2021 Notice of appeal
15/04/2021 Written submissions (Appellant)
15/04/2021 Chronology (Appellant)
13/05/2021 Written submissions (Respondent)
27/05/2021 Reply
23/06/2021 Hearing (Full Court, Canberra) (Audio-visual recording)
23/06/2021 Outline of oral argument (Appellant)
23/06/2021 Outline of oral argument (Respondent)
13/10/2021 Judgment (Judgment summary)
Audio-visual recordings of Full Court hearings heard in Canberra
Case: Matthew Ward Price as Executor of the Estate of Alan Leslie Price (deceased) & Ors v Christine Claire Spoor as Trustee & Ors
Date: 04 March 2021
Transcript: Hearing
AV time: 2hrs 42m
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Audio-visual recordings of Full Court hearings heard in Canberra
Case: Ceremonial Sitting To Welcome the Honourable Justice Jacqueline Sarah Gleeson As A Justice Of The High Court Of Australia
Date: 01 March 2021
Transcript: Hearing
AV time: 0hr 45m
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(2) The audio-visual material available via our web-site of Court proceedings does not constitute the official record of the Court.
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Audio-visual recordings of Full Court hearings heard in Canberra
Case: DV016 v Minister for Immigration and Border Protection & Anor; BNB17 v Minister for Immigration and Border Protection & Anor
Date: 10 February 2021
Transcript: Hearing
AV time: 3hr 34m
You accept the terms of use (below) by playing this audio-visual recording.
Terms of use
Access to the audio-visual recordings of the Court is subject to the following conditions:
(1) You will not record, copy, modify, reproduce, publish, republish, upload, post, transmit, broadcast, rebroadcast, store, distribute or otherwise make available, in any manner, any proceeding or part of any proceeding, other than with prior written approval of the Court. However, schools and universities may broadcast/rebroadcast proceedings in a classroom setting for educational purposes without prior written approval.
(2) The audio-visual material available via our web-site of Court proceedings does not constitute the official record of the Court.
(3) Copyright of the footage of the proceedings is retained by the Court.
By clicking "play" (the triangle controls on the video player), you agree to be bound by these terms of use.