Liberty Primary Metals Australia Pty Ltd, Tahmoor Coal Pty Ltd and Liberty Bell Bay Pty Ltd, companies in the GFG Alliance Group, have been ordered by the Supreme Court of NSW to lodge outstanding annual reports with ASIC.
In June 2025, ASIC took action in the Supreme Court of NSW against Liberty Primary Metals Australia, Tahmoor Coal and Liberty Bell Bay to obtain orders addressing their failure to lodge annual reports with ASIC.
Large proprietary companies with a financial year ending 30 June are generally required to lodge their annual reports with ASIC by 31 October each year.
Liberty Primary Metals Australia and Tahmoor Coal failed to lodge annual reports with ASIC for the 2024 financial year.
Liberty Bell Bay failed to lodge annual reports with ASIC for the financial years ending in 2021, 2022, 2023, and 2024.
On 17 July 2025, by consent, the Supreme Court of NSW made orders which require:
- Liberty Primary Metals Australia and Tahmoor Coal to lodge their outstanding reports with ASIC by 22 August 2025;
- Liberty Bell Bay to lodge its outstanding reports with ASIC by 3 October 2025 (for its 2021, 2022 and 2023 reports) and 31 October 2025 (for its 2024 reports).
It is important that such reports are lodged in a timely manner to assist creditors and other users of the annual reports in making informed decisions when dealing with large companies.
Background
On 27 June 2025, ASIC took action in the Supreme Court of NSW against Liberty Primary Metals Australia, Tahmoor Coal and Liberty Bell Bay to obtain orders addressing their failure to lodge annual reports with ASIC (25-113MR).
GFG Alliance is a global group of businesses in industries including steel, aluminium, and energy.
GFG Alliance has had significant operations in Australia, including the Whyalla Steelworks in South Australia run by OneSteel Manufacturing Pty Limited (which is currently in external administration), Tahmoor Coal in New South Wales, and Liberty Bell Bay in Tasmania.
Editor's Note 1:
On 21 August 2025, by consent, the Supreme Court of NSW made orders which extended the dates for lodgement of the outstanding reports. The companies are required to lodge their outstanding reports with ASIC by the following dates:
- Liberty Primary Metals Australia and Tahmoor Coal by 22 September 2025
- Liberty Bell Bay by 10 October 2025 (for its 2021, 2022 and 2023 reports) and 7 November 2025 (for its 2024 reports).
Editor’s Note 2:
On 22 September 2025, by consent, the Supreme Court of NSW made orders which extended the dates for lodgement of the outstanding reports. The companies are required to lodge their outstanding reports with ASIC by the following dates:
- Liberty Primary Metals Australia by 27 October 2025
- Tahmoor Coal by 23 October 2025
- Liberty Bell Bay by 10 November 2025 (for its 2021, 2022 and 2023 reports) and 7 December 2025 (for its 2024 reports).
The matter is next listed before the court on 8 December 2025.
Editor’s Note 3:
On 22 October 2025, the Supreme Court of NSW made orders which extended the date for lodgement of LPMA’s outstanding reports to 3 November 2025.
Editor’s Note 4:
On 24 October 2025 (at approx. 1:37 am), Tahmoor Coal’s annual reports for the 2024 financial year were lodged with ASIC.
Editor’s Note 5:
On 3 November 2025, administrators were appointed to LPMA. As such, the proceeding against LPMA cannot continue without leave of the Court or agreement of the administrators. Relevant financial reporting obligations are generally subject to a deferral period while a company is in administration. As at the date of this note, LPMA has not lodged its outstanding reports with ASIC.
Editor’s Note 6:
Liberty Bell Bay did not lodge its 2021, 2022 and 2023 financial reports by 10 November. It has filed an application to extend the dates for lodgement of its 2021, 2022, 2023 and 2024 financial reports, which will be heard at 4:15pm on 18 November 2025.
Editor’s Note 7:
On 18 November 2025, Liberty Bell Bay’s application to extend the dates for lodgement of its 2021, 2022, 2023 and 2024 financial reports was heard by the Court and extensions were not granted.