Category Archives: s. 186

Cristovao v Registrar Caporale [2012] FCA 1329 (27 November 2012)

http://www.austlii.edu.au/au/cases/cth/FCA/2012/1329.html

ADMINISTRATIVE LAW – application for judicial review of registrar’s decision – application for extension of time in which to seek judicial review – whether registrar should have accepted irregular affidavit for filing – whether registrar should have accepted application for filing – application for injunctive relief

FRAYSON PTY LTD -v- STIRFRY ENTERPRISES PTY LTD [2008] WASC 301 (22 December 2008)

[2008] WASC 301

Corporations Act 2001 (Cth) – Application to set aside statutory demand – Affidavit supporting demand sworn before solicitor who prepared demand – Whether ‘affidavit in support of demand’ filed with demand – Contents of affidavit – Whether failure of defendant to swear no genuine dispute defect leading to demand being set aside – Whether ‘genuine dispute’ about debt

D’Arrigo v Carter, in the matter of Gartner Wines Pty Ltdand the Corporations Act 2001 [2003] FCA 5 (10 January 2003)

[2003] FCA 5

CORPORATIONS LAW – Examinations under ss 596 and 597 of the Corporations Act 2001 – Improper Purpose – information which may be obtained in examination – whether information can be used in third party litigation – whether possibility of such use sufficient to establish an improper purpose – same solicitor acting both for Receiver and for party in third party litigation – whether conflicting duties of solicitor sufficient to establish improper purpose

AFFIDAVITS – Whether affidavit must be sworn before someone who is independent of deponent.

Evidence Act 1995 (Cth) s 186