---
title: "Check a deregistered company and a partial settlement in the Dust Diseases Tribunal"
url: "https://ailawframework.com/practice/personal-injury-and-compensation/check-the-effect-of-a-deregistered-company-and-of-settling-with-one-dust/new-south-wales"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A21-DD20261023-12-NSW"
practice_area: "Personal Injury & Compensation (workers compensation, CTP/TAC, medical negligence)"
tier: "yellow"
lawyer_review: "required"
jurisdictions: ["NSW"]
last_reviewed: "2026-10-25"
---

# Check a deregistered company and a partial settlement in the Dust Diseases Tribunal

> 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.

Canonical page: https://ailawframework.com/practice/personal-injury-and-compensation/check-the-effect-of-a-deregistered-company-and-of-settling-with-one-dust/new-south-wales  
Last reviewed: 2026-10-25

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Personal Injury & Compensation (workers compensation, CTP/TAC, medical negligence)](https://ailawframework.com/practice/personal-injury-and-compensation.md) |
| Human involvement | Yellow: Lawyer and AI draft together |
| 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 | New South Wales |
| Applies to | [Check the effect of a deregistered company and of settling with one dust defendant](https://ailawframework.com/practice/personal-injury-and-compensation/check-the-effect-of-a-deregistered-company-and-of-settling-with-one-dust.md) |

## Checking plan

**Verify against sources**

The Tribunal's 2021 advice sends a finished claim against a deregistered company to a chambers dismissal that does not bar fresh proceedings, and section 12C keeps other tortfeasors open unless the settlement says otherwise.

- What the AI does: 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 does: The lawyer decides whether to oppose dismissal and whether the settlement leaves other defendants open.
- Who reviews: Lawyer competent in this practice area
- Basis: Checked against the linked sources on 23 October 2026. Confirm the current instrument before reliance.

## Checks the lawyer makes

1. Advice to Practitioners No. 2 of 2021: plaintiffs sometimes sue a deregistered company intending restoration under the Corporations Act 2001 (Cth).
2. 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.
3. 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.
4. 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.

## Notes

- 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.

## Practical guide

Jurisdiction: Dust Diseases Tribunal, deregistered companies and section 12C

**Deliverable**: A defendant table showing deregistration, settlement and whether the terms leave others open.

**Inputs**

- Company-status search
- Settlement terms
- List of defendants

**Example**: 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 escalate when**

- The settlement terms have not been read.
- The output prepares an insurer claim.

Checked 2026-10-23.

## Sources

- [Advice to Practitioners No. 2 of 2021: deregistered companies](https://dustdiseasestribunal.nsw.gov.au/content/dam/dcj/ctsd/ddt/documents/practice-notes/advice-to-practitioners-no2-of-2021/Advice_to_Practitioners_No.2_of_2021_-_Deregistered_companies_as_parties_.pdf) (checked 2026-10-23)
- [Dust Diseases Tribunal Act 1989 (NSW) s 12C](https://www.austlii.edu.au/au/legis/nsw/consol_act/ddta1989243/s12c.html) (checked 2026-10-23)
- [SIRA insurer guidance GN 10.1 Dust diseases](https://www.sira.nsw.gov.au/workers-compensation-claims-guide/insurer-guidance/other-nsw-wc-schemes/gn-10.1-dust-diseases) (checked 2026-10-23)

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*