New creditor evidence arrives just before the winding-up hearing
Triage newly received opponent evidence before an imminent winding-up hearing by isolating substantive changes and available response material, leaving procedural relief to the lawyer.
Corporate Recovery Partners
01 / 06
A new document changes the preparation task
The creditor sends further evidence shortly before the winding-up hearing. Do not assume it repeats the earlier account or that its arrival automatically postpones the hearing. Send the complete material to your lawyer immediately, stating when and how it arrived. Ask what response is needed under the actual court timetable while you identify factual changes.
Look for a new transaction, different balance, fresh allegation or document previously unavailable. Note the relevant paragraph and its earlier counterpart where one exists. Separate changed assertions from additional support for an existing assertion. Do not annotate the only original copy or prepare an argumentative reply directly to the creditor without legal direction.
The Federal Court describes a factual witness as someone with relevant information about events. Tell the lawyer which person has direct knowledge of each new point and where the underlying record is held. Do not ask colleagues to agree on a convenient account. The lawyer should assess relevance, admissibility and any required response through the appropriate procedure.
In a hypothetical case, the new material includes a payment reversal that was absent from the earlier statement. Locate the bank and ledger records and identify who processed the entry. Do not simply reuse yesterday's balance explanation. The new evidence may or may not alter the legal position, but the team needs the actual transaction history to assess it.
Ask whether the material raises an issue about timing, service or an opportunity to respond. Do not assume it can be ignored because you consider it late, or that preparing a response means accepting every assertion. Continue following existing attendance and filing instructions unless the lawyer confirms a change through the proper process.
Provide the changed points, relevant records, knowledgeable contacts and any gaps in one concise update. State what you have checked and what remains unverified. Keep researching the identified gaps as instructed. The useful result is a timely, evidence-based response to what is actually new, rather than a rushed repetition of the company's earlier position.
