The power to rectify a register kept by ASIC under s 1322(4)(b) of the Corporations Act 2001 (Cth) is not confined to ensuring the register accords with statutory requirements as to content; it extends to removing a company from the register where the process by which the company was placed on the register was invalid, including where there was a denial of procedural fairness. A party applying ex parte for reinstatement under s 601AH(2) must disclose matters known to it that may affect the court's judgment that reinstatement is 'just', including the scope and nature of any dispute with affected parties. The accidental presence of an affected party's solicitor in court, without adequate information to challenge the basis of the application, does not discharge the obligation to afford procedural fairness.
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