Lifeplan Australia Friendly Society Ltd v Woff

Lifeplan Australia Friendly Society Ltd and Funeral Plan Management Pty Ltd applied to the Federal Court to proceed against Funeral Planning Australia Pty Ltd, a company in liquidation, in relation to claims made against several respondents. The liquidator of the third respondent opposed the application. The applicants sought leave to proceed against the third respondent pursuant to s 471B of the Corporations Act 2001 (Cth). The court's discretion to grant leave was guided by factors identified in previous cases, including the potential complexity of the claims and the stage of the proceedings. The applicants' claims against the third respondent were deemed to have a solid foundation and gave rise to a serious dispute. Additionally, the proceeding was relatively well advanced, and the claims raised potentially complex issues. The court found that the lack of substantial assets of the third respondent was not a sufficient reason to refuse leave. The court granted leave to proceed against the third respondent up to the entry of judgment.