Re Abalcheck Pty Ltd

The dispute concerned the validity of a notice of intention to cancel a company's registration, issued by the Australian Securities and Investments Commission (ASIC) to Abalcheck Pty Ltd. The matter came before the Federal Court of Australia.

The primary legal issue was whether ASIC had complied with its statutory obligations under the *Corporations Act 2001* (Cth) when it re-sent a notice of intention to cancel Abalcheck's registration. Specifically, the court had to determine if the initial notification to Abalcheck's agent for renewal was sufficient, or if a subsequent re-sending of the notice was mandatory.

The court reasoned that ASIC had fulfilled its statutory obligation under section 70(1) of the *Corporations Act 2001* by initially notifying the person who was the agent for renewal at that time. The Act did not impose an obligatory requirement to re-send the notice. However, the court found that, as a matter of fairness, ASIC ought to have re-sent the notice when requested to do so, drawing upon established legal principles regarding fairness in administrative dealings.