ABC Learning Centres Limited, in the matter of; application by Walker (No 1) [2008] FCA 1943

ABC Learning Centres Limited, in the matter of; application by Walker (No 1) [2008] FCA 1943

Having regard to the nature of the functions to be performed at the first meeting, the recent appointment of the Administrators, the large number of employee creditors, the availability of internal electronic and workplace distribution systems, the cost of postal notification and the Administrators' limited funds, it was appropriate to order under s 447A that notice to employee creditors by the specified electronic, workplace, newspaper and website methods would be valid.

Jurisdiction
Australia
Judgment Date
07 November 2008
Procedural Posture
Application for Orders Pursuant to S 447 A(1) of the Corporations Act 2001 (cth) / Originating Process; Orders Made on 7 November 2008
Outcome
Application granted; orders made under s 447A(1) of the Corporations Act 2001 (Cth).
Legal Topics
['voluntary Administration' 'first Meeting of Creditors' 'notice to Creditors' 'employee Creditors' 'electronic Notice' 'court Orders About Operation of Part 5.3 A']
['corporations Law' 'insolvency'] ['voluntary Administration' 'first Meeting of Creditors' 'notice to Creditors' 'employee Creditors' 'electronic Notice' 'court Orders About Operation of Part 5.3 A']

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Procedural Posture

Application for Orders Pursuant to S 447 A(1) of the Corporations Act 2001 (cth) / Originating Process; Orders Made on 7 November 2008

Legal Issues

  1. 1 ["Whether Part 5.3A of the Corporations Act 2001 (Cth) should operate in relation to the Second Plaintiffs so that notice of the first meeting of creditors is validly given to employee creditors by personal electronic addresses, distribution through employee pigeonholes, publication in The Australian newspaper and placement on the Administrators' website."]

Ratio Decidendi

Having regard to the nature of the functions to be performed at the first meeting, the recent appointment of the Administrators, the large number of employee creditors, the availability of internal electronic and workplace distribution systems, the cost of postal notification and the Administrators' limited funds, it was appropriate to order under s 447A that notice to employee creditors by the specified electronic, workplace, newspaper and website methods would be valid.

Court Disposition

Application granted; orders made under s 447A(1) of the Corporations Act 2001 (Cth).

Orders

  • ["The Plaintiff have leave to file in the Registry an originating process in the form initialled and dated with today's date by the Honourable Justice Emmett." "Pursuant to s 447A(1) of the Corporations Act 2001 (Cth), Part 5.3A of the Act is to operate in relation to each of the Second Plaintiffs such that notice...