Catchwords:

CORPORATIONS – where appellants commenced voidable transaction proceedings under s 588FF(1) of the Corporations Act 2001 (Cth) – where purported service of proceedings effected outside the time required by r 2.7 of the Federal Court (Corporations) Rules 2000 (Cth) – whether the effect of the rule is that subsequent attempts to serve are invalid absent an order extending the time for service – where proceedings were summarily dismissed by primary judge as a result – whether primary judge fell into discretionary error – whether leave to appeal is required pursuant to s 24(1A) of the Federal Court of Australia Act 1976 (Cth) – whether dismissal of proceedings by the primary judge in effect amounted to summary judgment for the respondent parties.

SERVICE OF PROCEEDINGS – whether the service out of time was service in fact which required respondent parties to apply to set aside service.

CORPORATIONS ACT 2001 (Cth) s 588FF(3) – whether, when an order made to extend time to commence a proceeding pursuant to s 588FF(1) is subsequently set aside in part on application of a creditor who did not receive notice of the application, it results in the extension being spent with no power to re-hear as against that creditor.

STATE AND FEDERAL JUDICIARY – whether decision of the Queensland Court of Appeal in Greig v Stramit Corporation (2004) 2 Qd R 17 interpreting s 588FF(3) of the Corporations Act 2001 (Cth) should be departed from as plainly wrong