The hearing can determine whether the company is wound up. Arrive with the right representation, filed evidence and a clear understanding of what is being sought.
Corporate Recovery Partners
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The hearing is approaching without evidence ready
A director sees a winding-up hearing in the calendar but assumes it will be a chance to explain the business informally. The accountant has figures, the lawyer has not received them and a proposed payment is still unconfirmed. Preparation needs to happen before the hearing, not while waiting to be called.
Read the application with the company’s lawyer. Identify the claimed basis, hearing details and any directions already made. Ask who may represent the company and what attendance arrangements apply.
Do not assume that a director can simply speak for the company without addressing representation rules. Confirm practical requirements such as remote access, documents and timing through the legal team.
Supply current financial records and supporting material early enough for advice and preparation. Ask what must be filed and served, and confirm completion. The Federal Court’s winding-up guide describes procedural and evidentiary requirements.
A spreadsheet on a laptop is not necessarily evidence the court can use. Explain the assumptions behind receivables, funding and liabilities, and disclose changes before the hearing.
If payment, settlement or another process is proposed, provide written evidence of what has actually occurred. Separate a commitment from funds received or documents executed.
Ask the lawyer what order will be requested and what remains uncertain. Do not assume an adjournment or dismissal will be granted. Prepare for the court to require more than the parties’ informal expectation.
Obtain the orders and a clear explanation of their immediate effect. Identify new deadlines, control changes and communications required. If a liquidator is appointed, seek instructions about records and company affairs.
Do not continue operating from an old plan without checking the result. Nominate who will communicate accurate information to staff and stakeholders. A hearing is a decision point requiring follow-through, not merely an appointment to attend.
