Court orders to change or correct details on a register

Key points:

Court orders are sometimes needed to correct or change details on an ASIC register because people or organisations disagree with each other about information that was lodged with us.
It is up to you to make the application to the court. This includes writing the draft court order. We suggest you get professional help.
We are not involved in the court process, but you should send us a copy of the draft court order before you go to court. We will tell you whether we can make the changes.
A court will decide whether we need to make changes to the register. If it decides we do, we’ll make the changes set out in the court order and record the court order on the register.

When you might need a court order

If you believe information kept under the Corporations Act 2001 on an ASIC register is incorrect, you can apply to a court to have us correct it. This is called rectification of the register.

Most applications to a court to correct details are about the companies register. Applicants often want to restore the information on the register to what it was before a particular document was lodged with us.

This is often because people or organisations disagree with what has happened in the past.

Remember that most information on the companies register is available to the public. People can purchase an extract of company information. This may show either current, or both current and historical information from documents that have been lodged with us. This includes the document number for lodgements. Most documents lodged with ASIC can also be purchased.

There is a different process to apply to a court to correct a member register.

When you do not need a court order

For certain type of errors, such as typos, you can ask us to correct details.

Generally, you do not need a court order to update details that have changed, such as names and addresses. See more about changes to company details.

ASIC’s involvement

ASIC does not need to be included as a party to the proceedings. This means you do not need to involve us in your dealings with the court. We are only involved at 2 points in the process.

After you or your lawyer writes the court You should send us the draft court order so we can review it before you go to court. We will need at least 28 days to review.
After the court makes the order. We will make the changes to the register as decided by the court.

Common types of court-ordered corrections

You will usually be asking for a court order to amend, withdraw or remove a document on the companies register. This is what happens for each type of correction.

Be aware of personal or confidential information in court orders

If a court makes an order, we will publish it on the register. These orders may include personal or confidential information. For example, they may include applications made in the Family Court. If you do not want this information to be publicly available, make sure any documents you lodge with us do not contain such information. Only include the documents we need to amend the register.

Steps to write a court order

It is up to you to write the court order you want. We suggest you get professional legal help to do this.

This is a summary of the steps you should take when drafting a court order.

Decide what you want changed

Decide which document or documents you want changed, and what kind of change you want. As described above, orders are usually to amend, withdraw or remove a document.

Check the list of documents lodged

When writing a draft court order, you or your legal professional should review the document lodgement history for the company. Amending or withdrawing a document may impact other documents that were lodged afterwards. Make sure that you understand the implications of your proposed order.

Check the wording of your draft court order

Make sure your draft court order clearly identifies the document you want changed. You should also state the date you want the change to be made. Avoid using personal or confidential information unless it’s needed to change the register.

Your draft court order should include:

the document type that is in dispute (such as Change to company details lodgement)
the document identification number
the date the document was lodged
whether the document is to be amended, withdrawn or removed from the companies register
the name of the party or parties involved
any other relevant details.

Here is an example of a draft order:

Order that the Change to company details [Document ID and date lodged] be withdrawn from the registers kept by ASIC to record [name], the First Plaintiff, as the sole director and secretary of [company], the First Respondent, appointed on [date].

Ask ASIC to review your draft court order

Send a copy of the draft court order to us at CourtMatters.ASICRegisters@asic.gov.au. We will need at least 28 days notice to review.

We’ll review the register to check whether we can make the changes in the draft court order. We'll tell you about any documents that you should also lodge.

Going to court

It is up to you to decide which court to go to. Each court will have a different process to apply to it. Again, we suggest that you get legal advice.

If you get the court order

If the court makes orders to rectify the register, you will need to tell us. You will also need an ‘office copy’ of the order. How you get this will depend on the court.

Download and fill in this form:

Form 105 Cover page for office copy of a court order

Mail the form and the office copy of the court order to:

Australian Securities and Investments Commission
PO Box 4000
GIPPSLAND MAIL CENTRE VIC 3841

Legal precedent

Our position not to include ASIC as a party to such proceedings is supported by the Court decision:

Re Bean & Sprout Pty Ltd (admin appt) [2018] NSWSC 456, and A Bliss Clinic Pty Limited v Goodwin (No 2) [2020] FCA 869.