Black Hops Brewing Goes Into Liquidation: What It Means for Creditors and Directors

From Rescue to Ruin: Black Hops Brewing’s Second Collapse

In May 2024, Black Hops Brewing was rescued from its first voluntary administration. A group of existing and new shareholders formed Black Hops Craft Pty Ltd, purchased the brewery, and gave the Gold Coast brand what appeared to be a second chance.

That second chance has now ended.

On 21–22 July 2026, Worrells partners Chris Cook and James Robba were appointed administrators to both Black Hops Craft Pty Ltd and Green Hops Brewing. According to the directors, the decision followed the collapse of a planned sale “at the 11th hour.” Voluntary administration, they said, provided the best remaining opportunity to preserve the business.

It did not. On 29 July 2026, at the first meeting of creditors, a deemed special resolution to wind up the company was passed under s 446A(5) of the Corporations Act 2001 (Cth). Black Hops Brewing has now entered Creditors’ Voluntary Liquidation.

The taprooms may remain open temporarily while the liquidator realises assets, but the legal and practical reality is stark: this is the end of Black Hops as a going concern.

What Is a “Deemed Special Resolution to Wind Up”?

Under s 446A of the Corporations Act, if a company is under voluntary administration and the administrator and creditors conclude that it is in the interests of creditors to wind up the company, the company can move directly to liquidation without waiting for the second creditors’ meeting.

This is a significant shortcut compared to the standard voluntary administration process, which involves:

1. First creditors’ meeting (within 8 business days of appointment)
2. Administrator’s investigation and report
3. Second creditors’ meeting (within 20 to 25 business days) — where creditors vote on a DOCA, liquidation, or returning control to directors

A deemed resolution under s 446A signals that the administrator and creditors concluded early that there was no viable Deed of Company Arrangement or rescue option worth pursuing. In Black Hops’ case, with a failed sale process already behind them and the weight of a prior VA on the business, that conclusion is unsurprising.

What Happens to Creditors Now?

With the company in Creditors’ Voluntary Liquidation, the liquidator’s primary job is to:

• Realise the company’s assets (plant and equipment, the Black Hops brand, taproom fitouts, stock)
• Investigate the directors’ conduct, including potential insolvent trading claims
• Distribute proceeds to creditors in the order mandated by s 556 of the Corporations Act

The priority waterfall under s 556 of the Corporations Act 2001 (Cth):

1. Liquidator’s remuneration and costs
2. Employee entitlements — unpaid wages (up to 4 months), superannuation, annual leave, and long service leave
3. ATO and other priority creditors for certain PAYG and superannuation liabilities
4. Unsecured creditors — trade creditors, suppliers, and investors — share whatever remains pro rata

For a company entering its second VA with debts running into the millions, the prospects for unsecured creditors recovering meaningful amounts are slim.

The Insolvent Trading Question

The most serious legal issue hanging over the directors of Black Hops Craft Pty Ltd is the potential for an insolvent trading claim under s 588G of the Corporations Act 2001 (Cth).

In the 2024 voluntary administration, Deloitte’s administrator’s report formed the preliminary view that the company may have been insolvent as early as December 2022. If the current liquidator confirms that the company continued to incur debts after that point while insolvent, directors could face personal liability for those debts.

The defences available to directors in these circumstances are narrow:

• A reasonable belief of solvency at the time the debt was incurred (s 588H(2))
• Reliance on information from a competent and reliable person (s 588H(3))
• Illness or other good reason for not taking part in management (s 588H(4))
• Active steps to prevent the specific debt being incurred (s 588H(5))

The founders publicly documented their December 2022 board meeting, where the insolvency risk was explicitly raised. That kind of documented awareness makes the reasonable belief defence significantly harder to establish.

What Creditors and Directors Should Do Now

If you are a creditor of Black Hops Craft Pty Ltd or Green Hops Brewing

• Register your proof of debt with the liquidator (Worrells) as soon as possible
• Retain all invoices, contracts, and correspondence with the company
• Seek legal advice if you are owed a significant amount — there may be preference payment recovery issues if you were paid within six months before the administration
• Monitor ASIC’s published notices portal for meetings and dividend declarations

If you are a director of a company in financial difficulty

• The Black Hops story illustrates the risk of deferring hard decisions. A second VA, two years after a rescue, rarely ends differently than the first.
• Early advice — when options are still open — is always better than late advice once the company is already insolvent.
• Directors who take active steps early, including appointing a voluntary administrator promptly when signs of insolvency emerge, preserve more defences than those who wait.

The Bigger Picture: Queensland’s Craft Industry Under Pressure

Black Hops is not alone. The administrator at Worrells noted that independent breweries are expected to continue closing in coming years. Rising input costs, post-pandemic normalisation of consumer spending, and a competitive hospitality market have hit the craft brewing sector hard.

For Queensland business owners more broadly, the Black Hops story is a case study in the commercial consequences of delayed insolvency decisions. Two VA processes, a failed rescue, and now liquidation — the personal and financial cost to the founders, shareholders, employees, and creditors is significant.

Boss Lawyers acts for creditors seeking to recover debts from companies in administration or liquidation, and for directors facing insolvent trading allegations or personal liability claims. If you are in either position, contact our Brisbane office or call 1300 267 711.

This is general information only and is not legal advice. You should obtain professional advice specific to your circumstances.

Mark Harley is the Principal Solicitor of Boss Lawyers, a boutique commercial litigation and insolvency firm based in Brisbane, Queensland.