the Applicant v Flood Restoration Australia Pty Ltd
Citation: [2026] FWC 3179
What happened
the Applicant lodged an unfair dismissal application against Flood Restoration Australia Pty Ltd on 25 September 2025. Flood Restoration Australia Pty Ltd entered liquidation, and the Commission subsequently advised the Applicant that he needed leave from a court to continue the application under the Corporations Act 2001. the Applicant later identified ‘The Trustee for Flood Restoration Australia (TAS) Unit Trust’ as his employer, which operates through Flood Restoration Australia Pty Ltd, which is under external administration. the Applicant did not respond to requests from the Commission regarding seeking court leave.
What was decided
The Fair Work Commission dismissed the Applicant’s unfair dismissal application under section 587(1)(c) of the Fair Work Act 2009. The Commission found the application had no reasonable prospects of success because the Applicant did not seek court leave to proceed, despite repeated warnings. The Commission noted the Applicant’s failure to respond to inquiries. The application was dismissed without further notice.
What it means for employers
Employers should be aware that if a company enters liquidation, legal action against it may require leave from a court to proceed. Failing to respond to correspondence from the Fair Work Commission can lead to an application being dismissed.
What it means for employees
If your employer enters liquidation, you may need to seek leave from a court to pursue a claim against them. It is important to respond to communications from the Fair Work Commission to avoid your application being dismissed.
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This summary was drafted from the published decision and reviewed before publishing. It is general information, not legal advice. For your specific situation, speak to the Fair Work Ombudsman (13 13 94) or a qualified lawyer. About these summaries & corrections