Non-compliance with a court order made under s 411 of the Corporations Act is not a 'contravention of a provision of this Act' within s 1322(4)(a), but the same practical effect can be achieved by an order under s 1322(4)(d) extending the time for compliance. Inadvertent procedural irregularities in the dispatch of scheme booklets that are promptly remediated and cause no substantial injustice will not preclude scheme approval. A liability exclusion clause for acts or omissions done in performance of a scheme in good faith does not exclude liability for acts in breach of the scheme terms.
The full text is available to signed-in members, including the 100 later cases that cite this judgment.
12 of the 100 citing cases carry a classified treatment. How each court treated it is available to signed-in members.