Useful Information
Public Examinations
A public examination is a formal process conducted by a Liquidator in an open court in which the liquidator can ask any question in relation to the management, promotion and transactions of the company and its officers.
 What is a Public Examination?
A public examination is a formal examination process which is conducted in an open court.
Liquidators or the Australian Securities and Investments Commission (ASIC) can apply to court for a public examination to be held.
During the conduct of the examination, Liquidators or the ASIC can ask any question in relation to the management, promotion and transactions of the company and its officers or about the personal circumstances of the people involved with the company.
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What is the purpose of a Public Examination?
Usually liquidators and the ASIC will hold public examinations to gather information on the circumstances leading up to the failure of a company.
One purpose of a public examination is to gather information and to establish if any other litigation can be commenced for the benefit of creditors. For example the liquidator will most likely try to understand if the company directors continued to trade the company whilst it was insolvent. If this can be established the liquidator may then commence proceedings against the company directors for insolvent trading.
Liquidators or the ASIC may also ask questions to establish if the company directors committed any offences under the Corporations Act. If the ASIC obtain the necessary evidence from the liquidators, they may then ban the company directors from acting as directors of other companies.
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At Liquidators Direct we are a Sydney based company that is licensed to deal with any form of insolvency administration throughout Australia, including all states and territories.
We can help you further understand your rights and responsibilities during public examination or liquidation. Contact one of our expert Sydney based liquidators for free advice or clarification today. Liquidation Direct, offering you 24 hour access to expert liquidators, Sydney.
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Who can be called to be examined
Usually company directors are publicly examined by liquidators or the ASIC, however, other people can be publicly examined if the liquidator or the ASIC can establish that the examinee was involved in the management or promotion of the company.
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