The Registrar of Aboriginal Corporations v Bibelmen Mia Aboriginal Corporation

The case before the court involves a notice of motion by the liquidator of the respondent corporation, the Bibelmen Mia Aboriginal Corporation, seeking approval for entering into a management agreement and a lease, and an order terminating the winding up of the corporation. The Corporation was incorporated under the Aboriginal Councils and Associations Act 1976 (Cth) and was involved in constructing the Wardan Cultural Centre. The corporation’s primary activities included training Aboriginal people in various projects and managing the cultural centre. The court was required to decide whether the liquidator could enter into a management agreement and a lease for the Wardan Cultural Centre and whether the winding up of the Corporation should be terminated.

The court found that the proposed reconstruction of the Corporation was in the best interests of its creditors. The court was satisfied that the liquidator had acted appropriately in negotiating the proposed reconstruction with relevant parties. The court noted that without the proposed reconstruction, the return to the Corporation’s creditors would be negligible. The court further found that the proposed management agreement and lease were appropriate for the ongoing operations of the Wardan Cultural Centre. The court approved the liquidator's entry into the management agreement and the lease and ordered the termination of the winding up of the Corporation.

The court ordered that the liquidator's entry into the management agreement and lease be approved, and the winding up of the Corporation be terminated upon the lodgement of the court order with the Registrar of Aboriginal Corporations. The court also ordered that the costs of the application be paid out of the Corporation's assets.