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ARTICLE · 30 OCTOBER 2020

Six things you need to know about an examination by a liquidator

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If you are served with a summons to appear at an examination by a liquidator, you should be aware of your obligations.

AustraliaInsolvency/Bankruptcy/Re-Structuring
Catherine Ballantyne
Catherine Ballantyne

If you or someone you know has been served with a summons to appear at an examination by a liquidator, it is important you are aware of your obligations and the implications.

  1. What is a liquidator's examination?

It is a proceeding where liquidators can examine people under oath and require them to produce documents to assist the liquidator with their investigation into the affairs of the company in liquidation.

  1. Who can be examined?
    • If it is a mandatory examination (under section 596A of the Corporations Act 2001) - an officer or provisional liquidator of the company (for example, a director or secretary of the company) can be examined.
    • If it is a discretionary examination (under section 596B of the Corporations Act 2001), the following people can be examined:

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The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances. Madgwicks is a member of Meritas, one of the world's largest law firm alliances.

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