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ARTICLE · 12 APRIL 2019

Administrators and liquidators must take information requests seriously: Cost consequences for non-compliance

Cooper Grace Ward
Cooper Grace Ward
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This is practical guidance for external administrators in responding to information requests from creditors and others.

AustraliaInsolvency/Bankruptcy/Re-Structuring

In the recent case of 1st Fleet Pty Ltd (in liquidation), the Court clarified the information disclosure obligations of external administrators in the Insolvency Practice Schedule (Corporations) (IPSC) and Insolvency Practice Rules (Corporations) 2016 (Rules).

There is only a short time period for compliance, and there can be cost consequences for non compliance.

The decision provides practical guidance to external administrators in responding to information requests from creditors and other interested parties, including the Commonwealth.

Background

The information disclosure provisions in Division 70 of the IPSC apply to ‘external administrators’ of a company, including administrators and liquidators.

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