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Winding-up response

A possible adjournment is not a new hearing date

Distinguish proposed adjournment from confirmed court timetable during winding-up proceedings.
Corporate Recovery Partners
CRP Lisa avatar beside CONFIRM THE HEARING and Verify the court position before changing your response plan when someone says a hearing may be delayed. on a monochrome 1609 cover.
01 / 06

Someone says the hearing will be moved

Imagine a creditor's representative tells a director they are willing to discuss postponing a winding-up hearing. The director removes the original date from the diary. No order or lawyer's confirmation has been received. Keep the existing arrangements active and ask your lawyer to check the position. Agreement to discuss a delay is not evidence that the hearing has moved.

02 / 06

Understand who determines the court step

The Federal Court's guide explains that the court may adjourn a winding-up application and that a company requesting an adjournment usually needs formal steps. Ask your lawyer what is required in this case. Do not infer an entitlement to more time from a creditor's willingness to negotiate or from an email saying the request seems reasonable.

Source: Federal Court: Winding-up proceedings based on an unsatisfied statutory demand

03 / 06

Preserve exactly what was proposed

Forward the complete correspondence to the lawyer handling the matter. Identify any proposed date, conditions, costs or other commitments. Avoid summarising a conditional proposal as confirmed consent. In the hypothetical example, the representative may need further instructions, or the suggested delay may depend on information the company has not yet provided. Those qualifications matter to the response.

04 / 06

Keep one verified timetable

Maintain the currently confirmed hearing and filing dates with the source of each entry. Mark proposed changes separately. Ask the lawyer to confirm any revised timetable and what arrangements remain necessary meanwhile. If different staff have different calendar entries, reconcile them promptly. A calendar update should follow verified information rather than create the appearance that an unresolved request is settled.

05 / 06

Prepare for the possibility of refusal

Tell the advisers what work can be completed before the existing date and what remains unavailable. Ask how that affects the company's preparation. Do not defer every task because additional time would be convenient. A request for delay can be considered while the company continues gathering the records needed for a properly advised response to the proceeding.

06 / 06

Record the actual outcome

Keep the relevant order or lawyer's confirmation with the case file and circulate the resulting action dates to those responsible. If no change is confirmed, retain the current plan and seek immediate guidance. CRP can help organise the financial information, but court timing needs legal confirmation. The important distinction is between a proposal for more time and a verified procedural outcome.

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