An adviser offers to speak for your company at the winding-up hearing

The promised service sounds like court representation

A hypothetical director facing a Federal Court winding-up application receives an offer from a business adviser to handle the hearing. The proposal does not identify a lawyer or explain whether court permission would be required. Clarify the service before paying or relying on it. Commercial support and authority to conduct a company's court proceeding are different matters.

Ask who would actually appear

Request the name, professional capacity and proposed role of the person who would attend. Clarify whether a lawyer is included, separately engaged or merely suggested as a later option. Verify relevant professional details through appropriate channels. Do not assume the adviser is a lawyer because the proposal uses legal language or describes experience with insolvency matters.

Check the Federal Court rule

Federal Court rule 4.01 states that a corporation must proceed through a lawyer, with a note that the Court may dispense with compliance. Obtain legal advice about the actual proceeding and any proposed application. Do not treat that discretion as permission already granted or accept a promise that a non-lawyer will necessarily be allowed to represent the company.

Source: Federal Court Rules 2011: rule 4.01

Separate preparation support from the hearing role

In the hypothetical example, an adviser may offer to organise financial records, while a lawyer must assess legal arguments and the representation arrangements. Ask for the scope, responsibility and exclusions to be clearly explained. A useful records service should not be described internally as confirmed court representation if the relevant lawyer or permission remains unresolved.

Keep the proceeding moving through proper advice

Give the court papers and the service proposal to a qualified lawyer promptly. Explain any payment already made and any claims the provider has made about attending. Ask what urgent steps are required. Do not assume a provider's booking or fee receipt changes the hearing date, creates a retainer with a lawyer or satisfies a filing requirement.

Confirm the actual engagement

Retain the agreed scope and confirmation of who is responsible for the court work. CRP can help organise commercial records, while representation must be addressed through the appropriate legal process. The useful decision is whether the proposed service supplies the help the company actually needs, rather than relying on an unverified promise to speak at the hearing.