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Company liquidation

Tell the lawyer what happened after the winding-up order

Prepare a complete chronology of post-winding-order transactions and management actions for advice about possible court relief, preserving adverse facts without asserting remedial legal effects.
Corporate Recovery Partners
CRP Natalie avatar beside INCLUDE THE LATER EVENTS and A liquidation challenge needs the later history.
Disclose post-order actions so the adviser can assess them. on a monochrome 1609 cover.
01 / 06

The advice needs more than the events before court

You want to explore whether the company's court liquidation can be changed. Tell the lawyer what has happened since the order as well as how it arose. Receipts, transfers, orders or communications made afterwards may matter to the assessment. Do not leave them out because they were accidental, embarrassing or intended to help the business while everyone was confused.

02 / 06

Start from the actual order and dates

Obtain the order and appointment details, then list later events with supporting records. Identify when each person learned of the appointment without assuming that knowledge alone decides the legal effect of an action. Keep the chronology factual. Separate events you can document from recollections that need checking and explain any gap in the records.

03 / 06

Recognise why control matters

ASIC explains that directors lose control of the company in liquidation. Ask the lawyer and liquidator how to address any actions taken after that change. Do not attempt to fix a questionable payment or transfer by reversing it privately without advice. A second unauthorised transaction may complicate the position rather than resolve the first.

Source: ASIC: Insolvency for directors

04 / 06

Consider a hypothetical ordinary-looking payment

Imagine a director approving a supplier payment from a saved banking screen after the winding-up order, believing it was simply overdue administration. The adviser needs the amount, timing, recipient and surrounding circumstances. The example does not determine whether the payment is valid or recoverable. It shows why the later event should be disclosed before a court strategy is assessed.

05 / 06

Preserve explanations separately from evidence

Keep original bank records, approvals and messages unchanged. Provide an honest explanation of what you understood at the time, clearly identified as your account. Do not backdate an instruction, remove a transaction or ask someone to create an approval that never existed. The lawyer can assess difficult facts more effectively when the underlying material remains intact.

06 / 06

Use advice to determine the next step

Ask what cooperation, notifications or other action the actual circumstances require. Continue meeting the liquidator's requests while any possible court application is considered. A complete post-order history does not guarantee relief, but it allows the advisers to assess the real position. Concealing later conduct behind a summary that focuses only on the original debt would undermine that assessment.

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