Complaints about registered liquidators

Registered Liquidators have defined roles under the Corporations Act 2001 which include exercising their discretion on how to administer the affairs of insolvent companies.

Those roles may be performed by Registered Liquidators in their capacity as Administrator, Deed Administrator, Liquidator, Restructuring Practitioner, Restructuring Practitioner of a Restructuring Plan or Receiver/Receiver & Manager.

Registered Liquidators may be required to determine who is and who is not a creditor of an insolvent company. Depending on the type of appointment, they act either:

  • in the interests of creditors as a whole, or
  • on behalf of a secured creditor whom they represent

subject to the requirements of the Corporations Act 2001.

For information about these roles:

Read ASIC's regulatory documents on insolvency (See Australian companies: Winding up companies and insolvent external administration) and https://asic.gov.au/regulatory-resources/insolvency/).

Note that 'insolvency practitioner' is also a term often used to describe a person who has qualifications and/or expertise to provide some but not necessarily all insolvency related services that a Registered Liquidator provides.

If there is evidence that a Registered Liquidator or their staff, contractors or advisors have acted illegally or improperly with respect to a company, we may consider taking action as set out in the links below:


Where ASIC can help

Whistleblowing

Guidance for company officers and company auditors on the whistleblower protection regime

30 June 2020

Information sheets to help companies, company officers and company auditors understand and comply with their whistleblower protection obligations

Whistleblower protections

Answers to common questions on the rights and protections for whistleblowers

Business ethics: New challenges, better theories, practical solutions
A speech by ASIC Commissioner John Price, 9 December 2019. John discusses the important role whistleblowing can play in fostering an ethical culture for business.

ASIC gives guidance on companies’ whistleblower policies and relief to small not-for-profits
Media release 19-308MR. 13 November 2019

Whistleblower protections for not-for-profit organisations, 29 May 2019

 


Whistleblowers and the Corporations Act

Corporations Act Whistleblowing

ASIC Executive Director Warren Day talks about whistleblowers and the important role they play in identifying and calling out misconduct and harm to consumers and the community.

Read the transcript

ASIC and whistleblowers

Asic Whistleblower Thmb

ASIC Executive Director Warren Day discusses when ASIC will act on whistleblowing information.

Read the transcript


Fair Work Ombudsman

You can contact the Fair Work Ombudsman if you would like to report someone who isn't complying with workplace laws or you need help in resolving a workplace issue.


Last updated: 30/03/2021 09:22