Commissioner of State Revenue v McCabe (No 2)

[2024] FCA 662

Federal Court of Australia21 June 2024

Built by Barristers,
For Australian Law.

1. Corporations
2. › voluntary administration
3. › resolution of creditors of corporate group to execute Deed of Company Arrangement (DOCA)
4. › application by Commissioner of State Revenue under ss 445D(1) or s 447A of the Corporations Act 2001 (Cth) to set aside DOCA
1. Corporations
2. › whether DOCA continuing on foot is against public interest and commercial morality
3. › construction of public interest and commercial morality
4. › whether DOCA subverts object of Pt 5.3A of the Corporations Act
5. › whether DOCA shields directors from scrutiny and possible claims for breaches of duty
6. › whether better prospects of recovery for creditors in a liquidation than under DOCA
1. Corporations
2. › whether Report to Creditors false and misleading for non-disclosure of material information about payroll tax liabilities details of the companies’ solvency
3. › whether companies failed to maintain books and records in breach of s 286 of the Corporations Act
4. › whether material omission from the Report to report on or to conduct investigations into companies’ taxation liability or failing to adjourn Second Meeting of Creditors to enable such investigations
1. Corporations
2. › whether DOCA unfairly discriminatory against Commissioner as creditor within the meaning of s 445D(1)(f)(i) of the Corporations Act