Applying to the court for reinstatement

A reinstatement application may be made to a court for an order that ASIC reinstate a company. These applications must be made to a superior court such as the Supreme Court, the Federal Court or the Family Court.

Please refer to Regulatory Guide 83 Reinstatement of companies (RG 83) for information on how to apply to the court and the relevant ASIC policies.

If you need further assistance with the court reinstatement application process, contact us by email at court.reinstatements@asic.gov.au. Alternatively, if you are applying to ASIC to reinstate the company, please refer Applying to ASIC for reinstatement or contact us on 1300 300 630.

Steps for a court reinstatement application

Applications for court reinstatement should be served on ASIC as a court generally seeks ASIC's position on the application before making a decision.

1. Check the application meets the requirements set out in Table 4 of RG 83
2. Attach supporting information with the reinstatement application

We often see applications that miss crucial information that we need for our review of an application such as:

• a liquidator’s consent to act if seeking the appointment of a liquidator
• evidence of the steps taken to notify all persons who were directors at the time of the deregistration about the court application.

3. Send your application and supporting information to ASIC at least 14 days before the hearing

Applications in all State/Territory courts should be served on ASIC:

• by email to: court.reinstatements@asic.gov.au
• or by post (if email is unavailable) to:

Court Reinstatements Team
GPO Box 9827
Melbourne VIC 3001

4. Lodge the order with ASIC

Once you've applied for court reinstatement and obtained a court order, you must send us:

• the original court order – this will have an original stamped seal of the court and
• a completed Cover page for office copy of a court order (Form 105).

Send the original court order and Form 105 to:

Australian Securities and Investments Commission
PO Box 4000
Gippsland Mail Centre VIC 3841

Once we've received the court order, we'll reinstate the company's registration and publish a notice in the ASIC Gazette.