The President's Club Limited - Application for Judicial Review

The Panel has been served with a Federal Court application dated 21 September 2012 for judicial review of (among other things) the making of the declaration and orders in The President's Club Limited [2012] ATP 10. The application for judicial review, made under the Administrative Decisions (Judicial Review) Act 1977 (Cth), is by Queensland North Australia Pty Ltd (QNA), Closeridge Pty Ltd and Clive Fredrick Palmer.

Mission NewEnergy Limited - Panel Receives Application

The Panel has received an application in relation to the affairs of Mission NewEnergy Limited from McDermott Industries Limited (a substantial shareholder in Mission).

Details of the application, as submitted by the applicant, are below.

A sitting Panel has not been appointed at this stage and no decision has been made whether to conduct proceedings. The Panel makes no comment on the merits of the application.

Altius Mining Limited

The Panel, Guy Alexander (sitting President), Elizabeth Bryan and Andrew Sisson, declined to make a declaration of unacceptable circumstances in relation to the affairs of Altius Mining Limited. The application concerned a 1-for-1 pro-rata non-renounceable rights issue which was fully underwritten by Foxfire Capital Pty Ltd, an entity controlled by Mr John Zee (a director of Altius). Further disclosure to shareholders by Altius and amendments to the structure of the rights issue satisfied the Panel’s concerns.

IFS Construction Services Limited

The Panel, Martin Alciaturi, Robin Bishop and Norman O'Bryan AM SC (sitting President), on an application by Mr Scott Vivian-Williams and others made a declaration of unacceptable circumstances in relation to the affairs of IFS. The application concerned the lengthy adjournment of a meeting convened pursuant to section 249D and rejection of proxies covering approximately 38.3% of IFS in the context of a proposed bid announced by a major shareholder. The Panel declared the circumstances unacceptable and ordered (among other things) that the meeting be reconvened on or before 31 August 2012 and the proxies not be treated as invalid merely because they came via Mr Scott Vivian-Williams.

IFS Construction Services Limited - Panel Publishes Reasons

The Panel today published the reasons for its decision on an application dated 27 July 2012 by 3 applicant shareholders1 in IFS Construction Services Limited in relation to the affairs of IFS.

Details of the Panel's decision can be found at TP12/58 and TP12/66.

The Panel's reasons for its decisions are on the Panel's website.

The sitting Panel was Martin Alciaturi, Robin Bishop and Norman O'Bryan AM SC (sitting President).

Minemakers Limited 02R

The Panel, Diana Chang, Robert Johanson (sitting President) and Laurie Shervington, declined to make a declaration of unacceptable circumstances on an application from UCL Resources Limited for a review of the initial Panel’s decision in Minemakers 02. The application concerned the disclosure in Minemakers’ target statement. The review Panel considered that there was no evidence of any material deficiencies in the expert’s report and technical expert’s report and there was sufficient disclosure in both reports for Minemakers’ shareholders to make their own assessment of value.

Minemakers Limited 02R - Panel Publishes Reasons

The Panel today published the reasons for its decision on an application dated 14 August 2012 from UCL Resources Limited seeking a review of the initial Panel’s decision in Minemakers 02.

Details of the Panel's decision can be found at TP12/63.

The Panel's reasons for its decisions are on the Panel's website.

The sitting Panel was Diana Chang, Robert Johanson (sitting President) and Laurie Shervington. 

IFS Construction Services Limited - Variation to Orders

The Panel made a declaration and final orders on 17 August 2012 in response to an application dated 27 July 2012 by three shareholders1 in IFS Construction Services Limited in relation to the affairs of IFS (see TP12/58).

The Applicants and ASIC sought an order that their costs in relation to the proceedings be paid by IFS. The Panel indicated to the parties that it was still considering the question of costs and invited further submissions from the parties.

Alesco Corporation Limited 03

The Panel, Geoff Brunsdon, Sarah Dulhunty, and Vickki McFadden (sitting President), declined to conduct proceedings on an application by Alesco Corporation in relation to its affairs. The application concerned an announcement on 28 August 2012 by DuluxGroup that Alesco submitted was misleading because it inaccurately represented negotiations between the parties about a proposal which the Alesco board would recommend and was likely to undermine the prospect of obtaining regulatory support for an agreed solution that would maximise shareholder value. The Panel considered that there was no reasonable prospect that it would declare the circumstances unacceptable.
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