Need help with employer who says they wont proceed due to financials.

Location: Sydney NSW Australia.

I found out I was apart of a very dodgy company and left. 2 weeks later. 1/5 staff remembers remained and was the only one paid correctly due to them being an apprentice — the managing director shut down the company.

I started to take action before then, as my annual leave was not paid, all my payslips were done by ChatGPT, I had no tax (as they pocketed it as well as 3 other staffs) and 4/5 were not registered as employees at the start of the new financial year.

The managing director shuts down the company and a month and half later they declare independent bankruptcy after moving their asserts and money to their partner (who was also owned the company). They are also selling equipment from the business on Facebook market places for up to 6000$.

Now where I am unsure — is that, the federal court has not said anything to not pursue this. However, once serving, I got no response from the employer and then I sent it a second time per the advice of the court. The employer had their advisor send me an email saying that they are individually bankrupt and that means they cannot go to court.

The court continued to send us documents to send to the employer for our court hearing and the employer keeps responding that hey are bankrupt and not the company.

Though the company is still registered in their name, home address and ABN. Apparently a trustee has been appointed to the company and sold to but they refuse to name and say they do not want part of it.

I’m quite confused help 🥲