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ARTICLE · 18 SEPTEMBER 2017

Ding dong - the summons is dead

Corrs Chambers Westgarth
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The case is a warning to applicants for leave to issue examination summons that they must make full and frank disclosure.

AustraliaLitigation, Mediation & Arbitration
Jade Rowarth
Jade Rowarth
Jason Salman
Jason Salman
Kirsty Sutherland
Kirsty Sutherland
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This week's TGIF considers the effect of material non-disclosures and breach of parliamentary privilege on the setting aside of examination summonses issued under ss 596B and 597 of the Corporations Act 2001 (Cth).

WHAT HAPPENED?

On 7 September 2017, the Federal Court of Australia handed down the latest decision in a series of Court actions related to the liquidation of the Bell Group Ltd (BGL).

The decision concerned applications to set aside examination summons and summonses for production of documents under ss 596B and 597 of the Corporations Act 2001 (Cth) (the Corporations Act) issued on the application of Garry Trevor as liquidator of Bell Group NV (in liq) against the State Solicitor for Western Australia, a member of the State Solicitor's Office, and a partner and a manager of KordaMentha. The summons related to the Bell Group Companies (Finalisation of Matters and Distribution of Proceeds) Act 2015 (WA) (The Bell Act). (The Bell Act was held to

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