An adjournment request needs a specific purpose and evidence. Prepare for the listed hearing unless the court confirms a change.
Corporate Recovery Partners
01 / 06
Expected finance arrives after the listed hearing
A company expects a refinancing decision shortly after its winding-up hearing. The director asks the creditor to give it another month and assumes the hearing can now be ignored. The proposed finance remains conditional. The company needs advice on presenting a proper request and on what happens if more time is refused.
Obtain the application, supporting material, orders and hearing details. Check previous adjournments and any directions already made. Give the lawyer the full record rather than only the latest creditor email.
Ask who will appear and what documents must be filed or served. The hearing remains an active obligation until the court’s position is confirmed.
Identify the particular event, date and evidence relied on: a documented funding decision, completed sale step or preparation of relevant material. Show what has already been done and what remains outstanding.
A vague hope of receiving money is not the same as a supported plan. Include conditions and risks rather than presenting conditional finance as an approved drawdown.
The Federal Court explains that a company may request an adjournment and that the court has discretion. Obtain advice on the evidence and procedural requirements applicable to the case.
The creditor’s consent may be relevant, but it does not itself change the court listing. Check any costs implications and prepare for opposition or a shorter period than requested.
Work with advisers on what the company will do if time is granted and if it is refused. Review proposed trading and payments while the application is pending.
After the hearing, obtain the actual orders and record new dates, conditions and responsibilities. Do not rely on a second-hand summary saying the matter was put off.
