In the matter of APM Human Services International Limited

APM Human Services International Limited sought orders under section 411 of the Corporations Act 2001 (Cth) to convene a meeting of its members to consider and, if they saw fit, to agree to a proposed scheme of arrangement. The application was made to the Federal Court of Australia, which had jurisdiction over the matter by virtue of section 41 of the Acts Interpretation Act 1901 (Cth) and section 946A of the Corporations Act 2001 (Cth).

The legal issues that the court was required to decide included whether the applicant had satisfied the statutory requirements to convene a meeting of its members, and whether the proposed scheme was in the best interests of the company and its members. The court considered the relevant provisions of the Corporations Act 2001 (Cth), including sections 411(1), 411(2) and 411(3), which set out the requirements for convening a meeting of members to consider a proposed scheme of arrangement.

The court found that the applicant had satisfied the statutory requirements to convene a meeting of its members. It considered the merits of the proposed scheme and concluded that it was in the best interests of the company and its members. The court made orders convening a meeting of members to consider and, if thought fit, to agree to the proposed scheme of arrangement.

The court also made orders that the applicant provide a copy of the court’s judgment and a copy of the proposed scheme to each member of the company. The orders were made on the basis that the applicant would bear the costs of convening the meeting and providing the copies. The court also noted that the meeting of members could only proceed if the applicant obtained the necessary approval from the Australian Taxation Office under section 160AB of the Corporations Act 2001 (Cth).