CORPORATIONS - application for leave to proceed against respondents under s 444E(3) of the Corporations Act 2001 (Cth) in proceedings alleging misleading, deceptive and unconscionable conduct against vocational education provider - principles applicable to exercise of discretion to grant leave to proceed - where significant public interest in matter proceeding without substantial delay outweighs detriment to creditors - where relief sought includes refund of substantial monies paid from public revenue and affects potential liabilities of vulnerable persons.
CORPORATIONS - whether first applicant is a "creditor" for the purposes of Pt 5.3A of the Corporations Act - whether discretionary claims for relief under the Australian Consumer Law (ACL) are contingent claims for purposes of s 553.
CONSUMER LAW - public interest in determination and enforcement of the standards prescribed by the ACL - interaction between ACL and regime applicable to the administration of Deed of Company Arrangement.
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