Where sending a scheme meeting booklet to securityholders in a foreign jurisdiction could constitute an offer of securities requiring regulatory approval, the Court may be satisfied at the first hearing that deliberate non-compliance with notice requirements is likely to be validated under s 1322 of the Corporations Act at the second hearing, provided alternative arrangements are made to inform those securityholders. An act that is advertent rather than inadvertent may nonetheless be validated under s 1322(4) where it involves a procedural irregularity or where the persons concerned acted honestly.
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