Insolvency & restructuring
Liquidator demands and insolvent trading claims, voluntary administration and deeds of company arrangement, small business restructuring and safe harbour, statutory demands and winding-up proceedings. The work is built around one question a court or a liquidator will eventually ask: what did the director know, and what did they do about it.
Director defence
- Insolvent trading claims under s 588G
- Defences under s 588H — expectation of solvency, reliance on a competent person, reasonable steps taken
- Safe harbour under s 588GA: better-outcome course of action, advice from qualified entities, books and records, and a contemporaneous compliance log
- Public examinations and liquidator information demands
Company pathways
- Small business restructuring under Pt 5.3B — the $1M liabilities cap, employee entitlements and lodgements brought up to date
- Voluntary administration and DOCA under Pt 5.3A
- Informal creditor workouts and standstills
- Statutory demands: the 21-day window and s 459G set-aside applications
- Solvency assessed on the cash-flow test — Southern Cross Interiors, Quick v Stoland