Skip to main content

Insolvency

Court applications about External Administrations

From 1 February 2021, ASIC only provides formal correspondence in response to the following court applications made under Chapter 5 and Schedule 2 of the Corporations Act 2001 (Cth) (Insolvency Applications):

  1. registered liquidator replacement and/or retirement applications
  2. an application for an inquiry into the conduct of a registered liquidator under section 45-1 or section 90-15 of Schedule 2
  3. applications under Chapter 5 or Schedule 2 where the Court has specifically requested ASIC’s assistance or has ordered ASIC to respond in writing to the application (please ensure that the cover letter makes this clear), and
  4. applications under Chapter 5 or Schedule 2 where ASIC is named as a party (please take care not to incorrectly name ASIC as a party).

Insolvency Applications can be served on ASIC by emailing the court documents to rl.legal@asic.gov.au (service email) and copying in the ASIC team you are already dealing with (if appropriate). Ensure that you serve any Insolvency Application on ASIC a reasonable time before the hearing of the application.

ASIC considers a reasonable time to be 14 days for most applications. When an Insolvency Application is served on ASIC via the service email, you will receive an email acknowledging its receipt.

If ASIC has not contacted you within 10 days, and the application does not fall within category (a) to (d) above, you may assume ASIC does not intend to intervene.

The above guidance regarding service of Insolvency Applications does not apply to Part 5.1 Arrangements and reconstructions under Chapter 5 of the Corporations Act 2001. Refer to Regulatory Guide 60 Schemes of arrangement for specific guidance.

Winding up applications must be sent, with a signed Form 519, by email to form519documents@asic.gov.au. Please include the company name and ACN in the subject line of your email.

If you’re seeking guidance on how to serve other types of applications, please see our Serving legal documents on ASIC webpage.