Legal Project Management Plan & Checklist
Purpose of this Guide: Use this fork when the company has received a statutory demand and cannot pay its debts, but the directors believe the company is viable if given time to restructure. Voluntary administration provides a short breathing space from creditor action - typically 25 business days - during which an independent administrator assesses whether the company should execute a deed of company arrangement, be wound up, or be returned to the directors.
Jurisdiction: No court filing is required to appoint a voluntary administrator - it is a board resolution. However, if creditors or the administrator require court orders (for example, to extend the convening period), these are obtained from the Federal Court or relevant Supreme Court.
The Process at a Glance: Advise the directors that appointing a voluntary administrator may be preferable to a winding up order. The board resolves to appoint a registered administrator under s 436A of the Corporations Act 2001 (Cth). The administrator takes control of the company. The statutory demand moratorium pauses creditor enforcement. The administrator investigates the company's affairs and reports to creditors. Creditors vote at the second meeting on whether to accept a deed of company arrangement, wind up the company, or return it to the directors.
Key Legislation and Case Law: Corporations Act 2001 (Cth) Part 5.3A (voluntary administration). s 436A (appointment by director resolution), s 440D (stay on proceedings during administration), s 444A (execution of deed of company arrangement). The Small Business Restructuring process under Part 5.3B is available if the company's total liabilities are below $1 million. ASIC information sheet on voluntary administration. The administrator must be a registered liquidator.
* Disclaimer: We're nobody's lawyer, because we aren't lawyers. You are, so you know better than to take legal advice from an app. We also aren't accountants or dog trainers - just digital spirit guides taking zero liability for any of this. This site exists to gather the collective knowledge of practitioners like you. Verify everything and submit your feedback on the Statutory Demand (Debtor) - Voluntary Administration Transition matter plan to improve the playbook. THIS IS NOT LEGAL ADVICE, it's a request for input.
This legal matter plan provides a structured workflow for COMMERCIAL_LAW cases, outlining the standard RESTRUCTURING process. Utilize these tracking templates to manage your legal cases efficiently.
Confirm insolvency and select an appropriate Registered Liquidator.
Hold board meeting, execute s436A resolution, and lodge Form 505.
Submit ROCAP and hold the first meeting of creditors within 8 business days.
Creditors vote on the company's future (DOCA, Liquidation, or return to directors).
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