Check a deregistered company and a partial settlement in the Dust Diseases Tribunal
MaintainedLast reviewed
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- List each defendant, whether the company is deregistered, whether the live defendants have settled, and whether the settlement terms bar the others. Do not write an insurer claim or a deed.
- What the lawyer must review
- The lawyer decides whether to restore, to oppose dismissal, or to pursue another defendant.
- Read the settlement terms before treating other defendants as still open.
- Treat a claim against the insurer of a deregistered company as a separate task.
- Check the Monday Directions List before opposing a dismissal.
- Written for / version
- New South Wales versionNSW
Rules that apply
The document starts from the task name. Change it if this piece of work is different.
The work product
Forum. Dust Diseases Tribunal, deregistered companies and section 12C
Produce. A defendant table showing deregistration, settlement and whether the terms leave others open.
Have ready. Company-status search; Settlement terms; List of defendants.
Example of the limit. Illustrative example: The live defendants have settled and one defendant remains deregistered. The settlement does not say recovery against others is barred. The tool records those facts. The lawyer decides whether to oppose the chambers dismissal. The tool writes no deed and no insurer claim.
Stop and hand it back when
- The settlement terms have not been read.
- The output prepares an insurer claim.
Sources for this task were checked on 2026-10-23.
Who does what
| Role | What they do |
|---|---|
| Assistance | List each defendant, whether the company is deregistered, whether the live defendants have settled, and whether the settlement terms bar the others. Do not write an insurer claim or a deed. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Advice to Practitioners No. 2 of 2021: plaintiffs sometimes sue a deregistered company intending restoration under the Corporations Act 2001 (Cth).
- If the plaintiff settles with the live defendants and does not wish to restore or pursue the company, the Registrar refers the file to a judge to dismiss under rule 13.4 of the Uniform Civil Procedure Rules 2005, in chambers.
- The advice says that dismissal does not prevent fresh proceedings, and cites section 91 of the Civil Procedure Act 2005. The Registrar notifies the plaintiff's solicitor. Opposition is listed in a Monday Directions List.
- Section 12C: settlement with one or more joint tortfeasors is not a bar to recovery against other joint tortfeasors unless the terms say so. A settling tortfeasor is not precluded from contribution under section 5(1)(c) of the Law Reform (Miscellaneous Provisions) Act 1946 only because judgment was entered without the Tribunal considering the merits.
Sources
- Advice to Practitioners No. 2 of 2021: deregistered companies · 2026-10-23
- Dust Diseases Tribunal Act 1989 (NSW) s 12C · 2026-10-23
- SIRA insurer guidance GN 10.1 Dust diseases · 2026-10-23
SIRA says the Insurers' Guarantee Fund, which SIRA manages, and insurers under the 1926 Act still respond to pre-1987 exposure. Do not name an insurer unless the file shows it.
The Dust Diseases Tribunal practice-notes index opened on 23 October 2026 has no generative AI note. Do not treat a Supreme Court note as the Tribunal rule. Do not enter confidential information into a public tool.