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Federal Court judgments

Every Issue

Cite as: October 2009 83(10) LIJ, p57

Corporations

Disqualification from managing corporation

In Murdaca v ASIC [2009] FCAFC 92 (10 August 2009) a Full Court concluded the AAT did not deny the appellant natural justice. It also considered whether in considering disqualification of a person from managing a corporation ASIC was limited to the allegations set out in the show cause notice under s206F(1)(b) of the Corporations Act 2001 or whether this notice was merely a precondition to the exercise of the power. The Court held ASIC was not constrained to the show cause notice.

Corporations

Extraterritorial service of summons for examination

In Waller v Freehills [2009] FCAFC 89 (31 July 2009) Freehills, as a creditor of a corporation and having been granted "eligible person" status by ASIC, was issued a summons under s596B Corporations Act 2001 (Cth) to examine W who was an Australian citizen resident in Monaco. Freehills was then granted leave to serve the summons out of the jurisdiction and by substituted service. W's appeal against this was refused. The Full Court held the orders were authorised by the Corporations Act and Rules, and an examination summons was an originating process for FCR O.8.

Income tax

Power of Commissioner to extend time

In MW McIntosh Pty Ltd v C of T [2009] FCAFC 88 (28 July 2009) a Full Court concluded the statutory scheme did not authorise the Commissioner to extend under s388-55 of the Taxation Administration Act 1953 (Cth) the time under s703-50(3) for the giving of a form to make a choice to consolidate a consolidatable group .

Trade practices

Loss - whether misleading conduct must be sole cause of loss

In PE Kafka Pty Ltd v The Hermitage Hotel Pty Ltd [2009] FCAFC 94 (13 August 2009) a Full Court restated that misleading and deceptive conduct contrary to s52 etc. of the Trade Practices Act 1974 (Cth) does not have to be the sole cause of loss to found an action for damages and summarised the method for determining damages.

Veterans' compensation

When death war-caused

In Collins v Repatriation Commission [2009] FCAFC 90 (5 August 2009) a Full Court considered whether a death that occurs when it does by operation of a war-caused condition acting on a non war-caused condition is a death compensable under the Veterans' Entitlements Act 1986 (Cth).


THOMAS HURLEY is a Victorian barrister, ph 9225 7034, email tvhurley@vicbar.com.au. The full version of these judgments can be found at www.austlii.edu.au.

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