Clancy v ASIC [2025] FCA 220
The decision in Clancy v Australian Securities and Investments Commission serves as a useful and practical reminder of the legal principles that govern applications to reinstate a company under section 601AH of the Corporations Act 2001 (Cth). The case underscores several key points relevant to both corporate officers and legal professionals considering reinstatement applications.
1. The Legislation
Section 601AH Subsection (2) of the Corporations Act sets out the requirements for the Court to make an order for a company’s registration to be re-instated by ASIC. Under s 601AH Subsection (2) a) an application for reinstatement is made to the Court by:
- a person aggrieved by the…