Federal Court of Australia District Registry: Victoria

Transcription

1 Federal Court of Australia District Registry: Victoria Division: General No: VID559/2017 DAVID LAWRENCE MCEVOY AND MARTIN FORD IN THEIR CAPACITY AS JOINT AND SEVERAL VOLUNTARY ADMINISTRATORS OF CAREERS AUSTRALIA GROUP LIMITED (ADMINISTRATORS APPOINTED) ACN and others named in the schedule Plaintiffs ORDER JUDGE: JUSTICE BEACH DATE OF ORDER: 29 May 2017 WHERE MADE: Melbourne THE COURT ORDERS THAT: 1. Pursuant to s 447A(1) of the Corporations Act 2001 (Cth) (the Act) that the requirement to give notice under s 436E(3) of the Act and in accordance with the Corporations Regulations 2001 (Cth) (the Regulations) be modified such that notice of the first meeting of creditors of Careers Australia Group Limited (Administrators Appointed) ACN and each of the companies listed in the attached schedule (together, the Companies) may be given to creditors of the Companies by the first and second plaintiffs (the Administrators), not less than five business days prior to the date of the proposed meeting: (a) (b) giving such notice electronically by sent to the address of any creditor (including persons claiming to be creditors) of the Companies for whom or which the plaintiffs hold an address; giving such notice by way of an SMS or text message (message) sent to the SMS contact details of any creditor (including persons claiming to be creditors) of the Companies for whom the plaintiffs hold SMS contact details, which message states that notice of the first meeting of creditors is available on the website maintained by the Administrators firm at

2 (c) (d) (e) sending such notice to the postal address or facsimile number, or otherwise as provided for by the Act or the Regulations to any creditors not being a creditor referred to in sub-paragraph (a) or (b); causing such notice to be made available on the website maintained by the Administrators firm at 485/careers-australia-group-limited; and causing such notice to be published in The Australian newspaper. 2. Pursuant to s 447A(1) of the Act that the requirement on the Administrators to give notice under s 439A of the Act and in accordance with the Regulations of the second meeting of creditors of the Companies, or any adjourned or subsequent meeting, be modified such that the requirement to give notice of the second meeting of creditors to be convened pursuant to s 439A of the Act (the notice) and the documents required to be sent to creditors (the report) may be given to all creditors of the Companies by, not less than five business days prior to the date of the proposed meeting, the Administrators: (a) (b) (c) sending the notice and an internet link to the report to the address of any creditor of the Companies who has requested that the Administrators communicate with her, him or it by electronic means; sending the notice and an internet link to the report electronically by sent to the address of any creditor (including persons claiming to be creditors) of the Companies for whom or which the plaintiffs hold an address; sending a message to the SMS contact details of any creditor (including persons claiming to be creditors) of the Companies for whom the plaintiffs hold SMS contact details, which message states that notice of the second meeting of creditors, together with the report, is available on the Administrators website at

3 - 3 - (d) (e) (f) (i) notice of the date, time and location of the second meeting of creditors; (ii) notice that the report is available on the website sending a copy of the notice to the postal address or facsimile number, or otherwise as provided for by the Act or the Regulations, to any creditors not being a creditor referred to in sub-paragraphs (a) to (c), together with a statement that the report is available on the Administrators website address at causing the notice and the report to be made available on the website maintained by the Administrators firm at creditor-information/v/485/careers-australia-group-limited; and causing a notice to be published in The Australian newspaper providing: and (iii) details of a telephone number by which any creditor may contact the Administrators to request a paper or electronic copy of the report. 3. The plaintiffs costs of the application filed 29 May 2017 be costs and expenses in the administration of the Companies. 4. Any person affected by this order have liberty to apply on three days notice. Date that entry is stamped: 29 May 2017

4 - 4 - Schedule Federal Court of Australia District Registry: Victoria Division: General No: VID559/2017 Second Plaintiff Third Plaintiff Fourth Plaintiff Fifth Plaintiff Sixth Plaintiff Seventh Plaintiff Eighth Plaintiff Ninth Plaintiff Tenth Plaintiff Eleventh Plaintiff Twelfth Plaintiff Thirteenth Plaintiff DAVID LAWRENCE MCEVOY AND MARTIN FORD IN THEIR CAPACITY AS JOINT AND SEVERAL VOLUNTARY ADMINISTRATORS OF CAREERS AUSTRALIA GROUP LIMITED (ADMINISTRATORS APPOINTED) ACN CAREERS AUSTRALIA GROUP LIMITED (ADMINISTRATORS APPOINTED) ACN CAREERS AUSTRALIA INSTITUTE OF TRAINING PTY LTD (ADMINISTRATORS APPOINTED) ACN CAREERS AUSTRALIA EDUCATION INSTITUTE PTY LTD (ADMINISTRATORS APPOINTED) ACN CAREERS AUSTRALIA INSTITUTE OF ENGLISH PTY LTD (ADMINISTRATORS APPOINTED) ACN CAREERS AUSTRALIA COLLEGE OF HEALTHCARE PTY LTD (ADMINISTRATORS APPOINTED) ACN TODAY CORP LIMITED (ADMINISTRATORS APPOINTED) ACN AUSTRALIAN SCHOOL OF MANAGEMENT PTY LTD (ADMINISTRATORS APPOINTED) ACN WORKSTAR PTY LIMITED (ADMINISTRATORS APPOINTED) ACN GLOBAL LEARNING SUPPORT GROUP PTY LTD (ADMINISTRATORS APPOINTED) ACN CUMULONIMBUS INVESTMENTS PTY LTD (ADMINISTRATORS APPOINTED) ACN AUSTRALIAN COLLEGE OF APPLIED EDUCATION PTY LTD (ADMINISTRATORS APPOINTED) ACN

5 - 5 - Fourteenth Plaintiff STRATOCUMULUS PTY LTD (ADMINISTRATORS APPOINTED) ACN