A reinstatement order under s.601AH(2) of the Corporations Act 2001 is a final order, so no leave to appeal is required. The decision to reinstate is discretionary and reviewable only on House v R principles. A reinstatement application is not the appropriate forum for a full abuse of process inquiry based on delay — such questions should be addressed in the substantive proceeding, except in the clearest of cases where the proposed proceeding would inevitably be stayed. The test for want of prosecution and abuse of process based on delay is the same: whether there is a substantial risk the defendant will be unable to obtain a fair trial.
The full text is available to signed-in members, including the 34 later cases that cite this judgment.
3 of the 34 citing cases carry a classified treatment. How each court treated it is available to signed-in members.