Successful Judgment

Henry William Lawyers have had a successful judgement delivered by the Federal Court of Australia in the matter of Walker (Administrator), in the matter of Childcare Development Opportunities Pty Ltd [2024] FCA 1133.

A husband and wife were parties to Federal Circuit and Family court of Australia (Division 2) proceedings concerning the division of the marital property. The husband was the director of several companies which carried on, or were involved in the management of, childcare businesses (Companies).

The Federal Circuit and Family Court of Australia (Division 2) made orders which:

1. appointed the wife as the trustee of the Companies; and

2. conferred power upon the trustee wife to pass resolutions on behalf of the Companies to appoint administrators to the Companies, under the Corporations Act 2001 (NSW).

The trustee wife caused the Companies to pass a resolution appointing administrators to the Companies.

During the administration, a potential issue was identified regarding the validity of the administrators’ appointment, being whether Division 2 of the Federal Circuit and Family Court of Australia had the power to authorise the wife to appoint administrators to the Companies under the Corporations Act.

Henry William Lawyers acted for the Administrators of the Companies in an application to the Federal Court of Australia which sought to validate the Administrators’ appointment.

The Federal Court of Australia made orders under s 447A of the Corporations Act validating both:

1. the resolution which was passed by the trustee wife; and

2. the Administrators’ appointment.

A copy of the judgment can be viewed here: