DPP (Cth) v Bart

[2025] VSCA 161

Victorian Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Corporations offences
3. › Employee entitlements
4. › Entering into agreement to avoid employee entitlements
5. › Whether person can intend to prevent recovery of entitlements where person expects or believes employees will be paid under Fair Entitlements Guarantee Act 2012 (Cth)
6. › Corporations Act 2001 (Cth), ss 596AA, 596AB(1)
1. Corporations
2. › Employee entitlements
3. › Recovery of entitlements
4. › Meaning of 'recovery' and 'entitlements' in s 596AB(1)
5. › Whether 'recovery' confined to recovery from employer company
6. › Whether payment by liquidator from Commonwealth advance under Fair Entitlements Guarantee Act constitutes recovery
7. › Corporations Act 2001 (Cth), ss 556, 560, 596AA, 596AB
8. › Fair Entitlements Guarantee Act 2012 (Cth), ss 28, 29
1. Words and Phrases
2. › 'Recovery'
3. › 'Entitlements'
4. › Corporations Act 2001 (Cth), ss 596AA(2), 596AB(1)

Quick Take

Payment of employee entitlements by a liquidator from Commonwealth advances under the Fair Entitlements Guarantee Act 2012 (Cth) constitutes 'recovery' of those entitlements for the purposes of s 596AB(1) of the Corporations Act 2001 (Cth), such that a person who expects or believes employees will be paid through the FEG Act mechanism cannot be said to intend to prevent recovery of entitlements.