In proceedings for disqualification orders under s 206E of the Corporations Act, the civil standard of proof applies under s 1332 even where the underlying contravention is a criminal offence, but the Briginshaw standard requires proof commensurate with the gravity of the allegations. Shareholders cannot ratify contraventions of civil penalty provisions so as to preclude ASIC from obtaining declarations of contravention and disqualification orders. The subsequent annulment of a bankruptcy does not retrospectively expunge a contravention of s 206A(1) committed during the period of bankruptcy.
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