Retrospective Applications under s 477(2B) – the Court’s Perspective

19/01/2026

Contributors

• Roselina Kruize RITP, Special Counsel, Piper Alderman
• Mitchell Hay, Senior Associate, Piper Alderman

Courts are growing increasingly critical of retrospective applications brought under s 477(2B) of the Corporations Act 2001 (Cth) (Corporations Act).

Recent cases have highlighted that whilst the Courts accept that they still have the power to retrospectively grant relief under section 477(2B), they will not hesitate to criticise any perceived delays by the liquidator where they feel it is warranted. It is also clear that a liquidator must adequately explain the cause of any delay.

To avoid criticism of the Court, and any adverse decisions, it is important to make any application pursuant to s 477(2B) as soon as practicable.

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