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ARTICLE · 02 MAY 2023

Ascertaining the relation-back day when there are multiple applications for winding up

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Possible traps in determining the relation-back day when there are multiple applications for winding up.

AustraliaInsolvency/Bankruptcy/Re-Structuring
Michael Kimmins
Michael Kimmins
Daniel Byrne
Daniel Byrne
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In this week's TGIF, we consider the recent case of Re 52 The Esplanade Pty Ltd (in liquidation) [2023] QSC 57 which provides guidance as to how the relation-back day for a company is to be determined in circumstances where there are multiple winding up applications.

Key takeaways

  • The relation-back day is an important date for the administration of a winding up and must be ascertained with certainty.
  • Where there are multiple winding up applications before a court, in determining the relation-back day, specific consideration needs to be given to the precise application in respect of which orders were made for the winding up of the company.
  • Arguments about the relation-back day can have significant implications for liquidators and creditors. The precise date will determine whether transactions are inside or outside the prescribed period for liquidators to challenge transactions as voidable.

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