Great Energy WA Pty Ltd v Northern Iron Pty Ltd

Adia Venture Ltd v Traffic Technologies Ltd [2025] FCA 564

Bluewaters Power 1 Pty Ltd v The Griffin Coal Mining Company Pty Ltd [2019] WASC 438

Commonwealth Bank of Australia v HM Aircraft Holdings Pty Ltd [2021] FCA 447; (2021) 152 ACSR 63

In Re Accolade Wines Australia Ltd [2016] NSWSC 1023

In the matter of Antqip Hire Pty Ltd (in liq) [2021] NSWSC 1122

Liebherr-Australia Pty Ltd v LEQ2 Pty Ltd, in the matter of LEQ2 Pty Ltd [2024] FCA 1484

Northern Managed Finance Pty Ltd v 4 in 1 Wyoming Pty Ltd [2017] NSWSC 407; (2017) 120 ACSR 167

Pit N Portal Mining Services Pty Ltd v Aurora Metals Ltd (admins apptd) [2023] FCA 762

Realtek Semiconductor Corporation v Jones (Admins apptd) [2024] FCA 1321

Re Duke Contracting Australia Pty [2017] NSWSC 767

Re OneSteel Manufacturing Pty Ltd (admins apptd) [2017] NSWSC 21; (2017) 93 NSWLR 611

Squadron Resources Pty Ltd v Highlake Resources Pty Ltd [2018] FCA 1292

Toll Energy and Marine Logistics Pty Ltd v Conlon Murphy Pty Ltd [2019] FCA 532; (2019) 137 ACSR 328

Von Arx v Todae Solar Pty Ltd, in the matter of Todae Solar Pty Ltd (Administrators Appointed) [2020] FCA 1071

The Court may make an order under s 588FM after the critical time and the 'vesting event': K.J. Renfrey Nominees Pty Ltd v OneSteel Manufacturing Pty Ltd [2017] FCA 325; (2017) 120 ACSR 117 at [27] (although K.J. Renfrey, as authority for the proposition that s 588FL applies to security interests granted after the critical time and the reasoning supporting that proposition is doubtful in light of more recent authorities, see, e.g., Cathro, in the matter of Cubic Interiors NSW Pty Ltd (in liq) [2023] FCA 694 at [10]- [12], [41]-[84] (Cheeseman J), that doubt does not affect this point). Also, orders under s 588FM have regularly been made after an administrator (or liquidator or provisional liquidator) has been appointed to a company: Northern Managed Finance Pty Ltd v 4 in 1 Wyoming Pty Ltd [2017] NSWSC 407; (2017) 120 ACSR 167 at [55]; Re Quality Blended Liquor Pty Ltd [2014] QSC 234; [2015] 2 Qd R 381 at [83]; ; at ; ; Therefore, the Court may make orders that have the effect of preventing a PPSA security interest from vesting in a company even if, by operation of s 588FL before the order is made, the PPSA security interest would, otherwise, be taken to have vested in the company in administration.

The reference to "inadvertence" in s 588FM(2)(a)(i) can include a failure to advert to or understand the legal requirements for registration: Elimatta Pty Ltd v NT Bullion Pty Ltd, Re NT Bullion Pty Ltd [2021] FCA 1416 at [5] ... (Yates J). The concept of "inadvertence" encompasses innocent human error, lack of oversight, an active but incorrect consideration of a requirement, a failure to turn one's mind to the requirement or a failure to appreciate the true significance of non-compliance with a requirement, so long as such a failure is not intended to flout, or is recklessly indifferent to proper compliance: Bluewaters Power 1 Pty Ltd v Griffin Coal Mining Company Pty Ltd [2019] WASC 438 at [40] (Vaughan J), citing National Australia Bank Ltd v Davis & Waddell (Vic) Pty Ltd (2003) 44 ACSR 296; [2003] VSC 1 at [65] (Hansen J); Re ACE Funding Ltd (2003) 44 ACSR 363; [2003] FCA 59 at [8] (Conti J); Commonwealth Bank of Australia v HM Aircraft Holdings Pty Ltd (2021) 152 ACSR 63; [2021] FCA 447 at [64] (Beach J).

(See also Re Transurban CCT Pty Ltd [2014] NSWSC 1909 [13]).

(2017) 93 NSWLR 611

(2016) 51 VR 190