Notification of court action relating to winding up (519)

Section 470(1) of the Corporations Act 2001 requires an applicant (other than ASIC) for the winding up of a company to lodge notice with ASIC of the filing of the application by 10.30 am on the next business day, of a winding up order and the liquidator's name and address within 2 business days, and of any withdrawal or dismissal within 2 business days. Section 465A(1)(a) separately requires a person who applies under section 459P, 462 or 464 to lodge notice in the prescribed form that the application has been made. Form 519 is the form for these notices. ASIC's guide notes that an image of the form becomes part of the public register.

When you need it

• You (or your client) have filed an application to wind up a company in the Federal Court or a state or territory Supreme Court. Section 3 uses code 519A for applications other than under s 459P, 462 or 464, and 519G for applications under those sections.
• The winding up application has been withdrawn (519B) or dismissed (519C, including where an appeal is pending).
• The court has made an order appointing a liquidator (519D) or a provisional liquidator (519E).

1. 1

   Company and lodgement details

   Enter the company name and ACN or ABN, and the contact person, firm and ASIC registered agent number (if any) for queries.

2. 2

   Section 1: court

   Tick the court the application is in, its state or territory registry, and the proceeding number and year.

3. 3

   Section 2: applicant

   Give the applicant's name (or corporation name and ACN, ABN or ARBN) and address. The address must be provided.

4. 4

   Sections 3 to 5: what happened

   Tick the box for the event you are notifying and give its date: application filed (3), application withdrawn or dismissed (4), or order made appointing a liquidator or provisional liquidator (5). For section 5, give each appointee's name, firm and address.

5. 5

   Sign

   The applicant or their representative signs, or for a corporation applicant, a director, secretary or equivalent, certifying the information is true and complete.

• Lodgement periods (form guide and s 470(1)): 519A and 519G by 10.30 am on the next business day after filing; 519B, 519C, 519D and 519E within 2 business days.
• ASIC's form page says to email the signed form in PDF to form519documents@asic.gov.au with the form number, company name and ACN in the subject line, or post it to ASIC, PO Box 4000, Gippsland Mail Centre VIC 3841. It cannot be lodged online. ASIC's guide recommends email so the lodgement is on time.
• There is no lodgement fee, but late fees apply outside the lodgement period. A form is not lodged until ASIC receives and accepts it (form guide, s 1274(8)).
• Other steps the Act requires: an applicant under s 459P, 462 or 464 must serve a copy of the application on the company within 14 days and publish notice (s 465A(1)(b)-(c)); within 7 days after a winding up order is passed and entered, the applicant must lodge and serve office copies of the order (s 470(2)).

• The 10.30 am next-business-day deadline is very short. Prepare the Form 519 before filing the winding up application.
• Annexures must follow ASIC's rules: A4 paper, company name and ACN, numbered pages, an identifying mark and endorsement, signed by the person who signed the form.
• If the form lacks space you may photocopy the relevant page and include it in the same lodgement.