Consent under ss 1013K, 1021L and 1022B of the Corporations Act 2001 requires a specific positive act and cannot be established merely by alleging common directorships or 'common control' between corporate entities. The mere fact of overlapping corporate boards is insufficient to defeat the presumption of separate corporate existence or to impute knowledge from one entity to another. Where a difficult question of statutory construction arises on a strike-out application, the proper course is to have it determined as a preliminary question under Rule 47.04 rather than in the constrained context of a pleadings application. The scope of s 1022C — whether it permits orders against third parties who are not 'liable persons' under s 1022B — remains an open question.
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