The bank restores access but the winding-up case is still listed
Distinguish bank access restoration from termination or alteration of winding-up proceeding.
Corporate Recovery Partners
01 / 06
One problem improves while another remains
A hypothetical company receives confirmation that its bank restriction has changed. The director assumes the winding-up case must also be over and stops preparing for the listed hearing. Verify the two positions separately. The bank's decision about account access and the court's handling of a proceeding are distinct matters, and neither should be inferred solely from news about the other.
Check what access has changed, when it applies and whether any conditions remain. Keep the written communication and provide it to the lawyer and accountant. Do not summarise limited access as a completely unrestricted account. If the confirmation is unclear, ask the bank through the appropriate channel rather than testing transactions to discover the limits.
The Federal Court's winding-up guidance describes procedural steps and court outcomes for applications based on unsatisfied statutory demands. Ask the lawyer for the current status of the actual case and any remaining obligations. A restored account does not supply an order dismissing or adjourning a proceeding. Obtain the relevant confirmation before changing the court action plan.
In the hypothetical example, retain the hearing or filing date until the lawyer confirms what has changed. Ask who is responsible for preparation and attendance. Avoid cancelling arrangements because a creditor or banker has made an encouraging informal comment. The legal team should explain the evidence establishing the current position and what still needs to happen.
Tell the adviser what transactions the company now intends to make and ask about the relevant legal considerations. Operational access alone should not be treated as advice about every payment. Preserve the records of transactions actually made. Do not assume the change resolves wider solvency concerns or makes all existing commitments affordable.
Maintain separate bank and court status notes, with supporting documents and responsible contacts. CRP can help organise the commercial position for review. A clear distinction prevents an improvement in banking access from creating a new procedural failure while the company is still dealing with an active court matter.