How to bring a dissolved company back to life through administrative or court restoration.
When a company is dissolved or struck off the Register of Companies it ceases to exist. Property belonging to the dissolved company vests in the Crown to be disposed of. However, that is not always the end of the matter and in certain circumstances it is possible to restore a company to the Register.
Why restore a company?
NEWS
The only way is up
The end of upwards-only rent reviews?
Background
In the period since its inception in 2020, the Part 26A restructuring plan has proven to be a powerful addition to the English restructuring toolkit, allowing – through cross-class cram down – a transaction to be imposed on a dissenting class. There is a great deal of flexibility with this power; in particular, unlike with many other regimes, there is no absolute priority rule, and therefore it is possible (in justifiable circumstances) for shareholders to retain a material equity stake, while one or more creditor classes are compromised.
Introduction
In Yeo (liquidator), in the matter of Tuftex Carpets Pty Ltd (in liquidation) [2025] FCA 1200 the liquidators sought approval from the court to enter into a settlement agreement. The claims underlying the settlement agreement were against the former director and parent company for insolvent trading and the resulting loss.
Key Takeaways
In Re Resource Development Group Limited (Administrators Appointed) [2025] WASC 408, the Court granted relief to the voluntary administrators of Resource Development Group Ltd (RDG) from personal liability under a loan arrangement and extended time for the registration of a related security interest.
Key Takeaway
In Re Bayview Health – Matilda Bay Pharmacy Pty Ltd; ex parte Smith & Jacobs [No 2] [2025] WASC 405, the Court held that a failure to provide the 14 days’ notice of a board meeting, required by a shareholder agreement, to appoint a voluntary administrator, was a procedural irregularity that could be cured.
Key Takeaway
Liquidator remuneration in insolvency proceedings often raises difficult questions; especially in large corporate collapses where the work is extensive and the stakes are high. Courts must balance fair compensation with creditor protection, but approaches to fee assessment have varied across jurisdictions, leading to uncertainty and dispute.
On 18 September 2025, the Chancellor of the High Court, the Rt. Hon. Sir Julian Flaux announced the long-awaited publication of the updated Practice Statement in relation to schemes of arrangement and restructuring plans (the "New Practice Statement"). Revision of the existing Practice Statement was, in large part, driven by the rise in contested schemes and restructuring plans which, in turn, has put significant pressure on the Court system.
According to the latest statistics from the Australian Securities and Investments Commission (ASIC), the construction industry has faced sustained and accelerating financial distress over the past four years. Since FY 2021-2022, the number of insolvency appointments has almost tripled, with nearly 4,900 cases in FY 2024-2025 alone. And, the 744 cases already recorded for FY 2025-2026 indicate the construction industry continues to suffer severe financial distress.