University of Newcastle Union Ltd

The University of Newcastle Union Limited applied to the Federal Court of Australia to be wound up. The Union, incorporated in 1971, had been the subject of ongoing internal conflict and litigation. In 2018, the Union's directors resolved that the company be wound up. The Union's members did not consent to the application. The Union contended that the application was regular, and that the court should order its winding up. The court was required to consider whether the Union's application for winding up was regular and valid, in light of the lack of consent from its members. The Union contended that the directors' decision to wind up the company was valid, as the company's constitution permitted the directors to make this decision. The Union also argued that the lack of member consent should not invalidate the application, as the constitution permitted the directors to apply to the court in the absence of member consent. The court found that the Union's application for winding up was regular and valid. The court noted that the company's constitution permitted the directors to apply to the court to wind up the company, and that this was a power that the directors could exercise in the absence of member consent. The court held that the Union's application was not rendered invalid by the lack of member consent. The court further held that there was no evidence before it that suggested that the directors had acted improperly or in bad faith in deciding to apply to the court for winding up. The court therefore ordered that the Union be wound up.

The final orders of the court were that the University of Newcastle Union Limited be wound up, and that the liquidators be appointed to take control of the company's assets and affairs. The court also ordered that the liquidators be permitted to apply for further directions from the court as necessary.