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Hello my name is***** am a solicitor in NSW who will help with your inquiry today. Were the funds you invested in CME Capital subject to a trust or did you just have shares in the company? Is the company just CME Capital PTy Ltd or does it have another name? Do you have a copy of the trust deed if there is one?
How do you know that ASIC froze the accounts and that the money is available. Do you have a copy of the Court orders to that effect? If you can send me what paperwork you have, I can ascertain under what provision the accounts were frozen and what your rights are in respect of it.
Hello again. Sorry that this has taken so long but I wanted to dedicate full concentration to all that you wrote. It's my view that I really need to see the Court orders in order to advise. I've done a quick search in the Federal Court and Full Federal Court cases for this matter and I can't find it. Nor can I find it in the Federal Circuit Court judgments. Have you any clue whether this was heard in a Supreme Court and if so, which State or Territory court? I will continue to look through the Corporations Act 2001 now to see if there's another way to find out what was ordered and will come back to you but in the meantime can you please advise what you know in relation to this.
Hello again. There is a section of the Corporations Act that says that if you invested in CME Capital through someone who managed your account with CME Capital as a person with an Australian financial services licence, then ASIC can seek a Court order freezing that account in certain circumstances. See that provision here. However, if the orders were made during an application to wind up the company CME Capital Pty Ltd then it's possible that any order may have been made under another section which is this section here. So I really need to know the answer to the questions: did you invest through someone with an Australian financial services licence and did they manage the fixed interest investment for you? And if not, are there any other clues that this might have been a winding up application? The other thing I can do is to call the Federal Circuit Court to inquire as to whether this matter has actually been the subject of orders but they haven't been published for some reason and if I can get a copy, but I will have to offer you an additional service to know that.