How to Respond to a Winding-up Notice

How to Respond to a Winding-up Notice
Table of Contents

Share at:

What is a Winding-up Notice?

Winding-up, also known as compulsory liquidation refers to action taken by creditors of the company which (if successful) will result in the company ceasing to trade and being wound down. This is common with companies that struggle to meet their tax obligations or other debts. Once issued, your company has limited time to act to avoid your company being wound up. 

What is a Statutory Demand?

Winding-up notices generally result from failing to comply with a statutory demand. A statutory demand is a formal, written request that a company pays any outstanding debt within 21 days. Failure to respond within 21 days will result in your company presumed to be insolvent. A creditor then may begin court proceedings to have your company wound up.

What Are My Options?

  • Take no action and allow the business to be wound up on the date of the notice. You may decide to continue trading in order to pay the debt off in the required time.
  • Pay the Debt: This whole process will stop if you can pay all the debts owed to the petitioner within seven days, including costs.
  • Enter into voluntary administration: Administrators will work with creditors through a deed of company arrangement, which specifies how the company’s operations will continue. Similarly to paying the debt, this option allows the company to continue operating as long as it can stay solvent.

Find the perfect lawyer to help your business today!

Get a fixed-fee quote from Australia's largest lawyer marketplace.

Final Thoughts

Remember, a wind-up notice doesn’t have to mean the end. The ATO has stated they are open to the possibility of commercial alternatives even once the wind-up notice has been filed in court. Either way, it’s essential you act quickly when responding to a winding-up notice.

If you have received a wind-up notice, you should obtain legal advice as soon as possible. If you haven’t already done so, speak with one of our expert lawyers today to help guide you through your options.

Don't know where to start?

Contact us on 1800 529 728 to learn more about customising legal documents, obtaining a fixed-fee quote from our network of 600+ expert lawyers or to get answers to your legal questions.

Share at:

Simplify creating legal documents today

Browse through Lawpath's AI tools which can be used to draft, review and refine legal documents today!

Related Articles

How to Start an Investment Partnership

Investment partnerships differ from common business structures, and it is important to understand what you are entering into by choosing such a structure for your business.

Should You Use A Mutual or One-Way NDA? (2026 Update)

As a business owner, it's important to protect your confidential information in every context. Find out the difference between one way and mutual NDAs here.

Profit Sharing Agreement: What is it and When Do I Need One?

Do you need a profit sharing agreement? Our article will take you through what this agreement is and when it should be used.

Do I Need to Pay to Keep a Company Active?

When you register a company, you have to ensure that all your details are up to date and pay a fee to keep your company active. Read more here.

What Legal Documents Do I Need to Start a Business with Friends?

Starting a business with friends? Find out what you need to keep your business protected.

Legal and Accounting Topics covered in Advice Plans

As the financial year wraps up, it’s the perfect opportunity to step out of the day-to-day grind and set your business up for future success.