Federal Court of Australia

Takeovers Panel v DGR Global Limited, in the matter of DGR Global Limited [2026] FCA 1358

ORDERS

THE COURT ORDERS THAT:

1.    Pursuant to ss 657B and 70 of the Corporations Act 2001 (Cth) (Act), and subject to further order, the time within which the Plaintiff, comprising the sitting Panel of the Takeovers Panel constituted under s 184 of the Australian Securities and Investments Commission Act 2001 (Cth) (Panel), may make a declaration under s 657A of the Act, in relation to the affairs of DGR Global Limited, be extended to 30 September 2026.

2.    Pursuant to s 37AF and on the ground set out in s 37AG(1)(a) of the Federal Court of Australia Act 1976 (Cth), until further order:

(a)    annexures TAM-2, TAM-4, TAM-6, TAM-16, TAM-19, TAM-20, TAM-31, TAM-33 and TAM-35 (Confidential Annexures) to the affidavit of Tania Angela Mattei affirmed on 7 September 2026 (Mattei Affidavit), and so much of the Mattei Affidavit that discloses the substance of any of the Confidential Annexures; and

(b)    so much of the Plaintiff’s submissions filed on 9 September 2026 (Plaintiff’s Submissions) that discloses the substance of the Confidential Annexures,

be confidential in the proceeding for three years and:

(c)    access to the Confidential Annexures and unredacted copies of the Mattei Affidavit and the Plaintiff’s Submissions be restricted to the Court, the parties to the proceeding and those parties’ legal representatives;

(d)    the Confidential Annexures and unredacted copies of the Mattei Affidavit and the Plaintiff’s Submissions not be published other than with the prior leave of the Court; and

(e)    save that this order does not apply to any access to or publication of the Confidential Annexures and unredacted copies of the Mattei Affidavit and the Plaintiff’s Submissions that has occurred, or will occur, in the course of the proceedings before the Panel in relation to the application included in the Confidential Annexures, including in publishing the reasons of the Panel.

3.    Pursuant to r 1.39 of the Federal Court Rules 2011 (Cth) (Rules), the Court abridges the time for service of the application to 8 September 2026.

4.    Pursuant to r 10.23 of the Rules, service of the originating process is taken to have been effected on the Sixth Defendant on 8 September 2026.

Note:    Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.

REASONS FOR JUDGMENT

(Delivered ex tempore, revised from transcript)

ANDERSON J:

1    I listed this matter for an urgent hearing on 11 September 2026 in my capacity as the Commercial and Corporations Duty Judge. As the application is for final relief (Chaudhri v Takeovers Panel (2011) 218 FCR 574; [2011] FCA 1488 at [2] and [83] (McKerracher J)), it is appropriate that I provide reasons in respect of the orders.

2    The Takeovers Panel seeks an order under s 657B of the Corporations Act 2001 (Cth) extending to 30 September 2026 the time within which it may make a declaration of unacceptable circumstances under s 657A. It also seeks ancillary orders set out in the originating process. I have had the benefit of reading detailed written submissions filed by the plaintiff and also the benefit this morning of oral submissions by senior counsel for the plaintiff, Mr Mark P Costello KC. I am satisfied in the circumstances, where there is no opposition to the application and each of the defendants consents to the orders being made, that it is appropriate to make the orders.

3    I am of that view because there is good reason to extend under s 657B of the Act the period within which the sitting panel (constituted under s 184 of the Australian Securities and Investments Commission Act 2001 (Cth)) (Panel) may make a declaration of unacceptable circumstances under s 657A. The period sought is, in my view, no longer than is reasonably necessary to permit the Panel to complete its consideration of the application. The ancillary orders are also appropriate, being an abridgement of the time for service of the application (pursuant to r 1.39 of the Federal Court Rules 2011 (Cth) (Rules)) and deemed service of the application (pursuant to r 10.23 of the Rules), which will permit the application to be heard promptly, while the confidentiality orders will preserve the confidentiality of the material supplied in the Panel’s proceedings.

4    For those reasons, I will make the orders sought in the originating process.

Associate:

Dated:    11 September 2026

SCHEDULE OF PARTIES