Onus v Registrar of Aboriginal and Torres Strait Islander Corporations (No 2) [2017] FCA 1551

Onus v Registrar of Aboriginal and Torres Strait Islander Corporations (No 2) [2017] FCA 1551

Notice issued under s 487-10(1) CATSI Act was invalid and ineffective, so the decision appointing the special administrator was voidable and should be set aside effective 15 January 2018; no consequential restraining relief was warranted.

Jurisdiction
Australia
Judgment Date
19 December 2017
Procedural Posture
Judicial Review / Post Judgment – Consequential Orders
Outcome
Decision to place corporation under special administration and appointment of administrator set aside from 15 January 2018; parties bear their own costs.
Legal Topics
['special Administration Under CATSI Act' 'validity of Notice Under S 487 10(1) CATSI Act' 'consequential Orders' 'costs']
['practice and Procedure' 'corporations Law'] ['special Administration Under CATSI Act' 'validity of Notice Under S 487 10(1) CATSI Act' 'consequential Orders' 'costs']

Case Brief

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Procedural Posture

Judicial Review / Post Judgment – Consequential Orders

Legal Issues

  1. 1 ['Whether the notice issued for s 487-10(1) CATSI Act was valid and effective' 'Appropriate consequential orders following invalid appointment of special administrator' 'Entitlement to costs']

Ratio Decidendi

Notice issued under s 487-10(1) CATSI Act was invalid and ineffective, so the decision appointing the special administrator was voidable and should be set aside effective 15 January 2018; no consequential restraining relief was warranted.

Court Disposition

Decision to place corporation under special administration and appointment of administrator set aside from 15 January 2018; parties bear their own costs.

Orders

  • ['The decision to place Gunditj Mirring Traditional Owners Aboriginal Corporation RNTBC under special administration, and to appoint the second respondent as special administrator, be set aside to take effect at 11.59 pm AEST on 15 January 2018.' 'The parties bear their own costs of the proceeding.']