Illegal Phoenix Activity – Reforms in Budget

Illegal Phoenix Activity Treasurer Scott Morrison says he wants to make sure small businesses avoid falling foul to phoenix activity…

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Adopting a business rescue culture – Public Accountant Article

Australia is Adopting a Rescue Culture Australia has seen significant and long overdue positive legislative changes in 2017 and 2018…

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Ipso Facto Clause Stay – Exclusions

Ipso Facto Clause Stay – ’24 days left to have your say’ The Treasury Laws Amendment (2017 Enterprise Incentives No.…

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Ipso Facto Clause Stay

Stage 2 of the Governments two staged legislative reform roll out becomes effective on 1 July 2018 with a stay…

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Avoiding Failure – Smaller and Family Businesses

The SME market has had it very tough in Australia – smaller and family businesses have struggled to avoid failure…

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Insolvency Warning Signs – cashflow is king

Financial Literacy All directors must have some financial literacy in order to fulfil their duties and responsibilities to the company. This…

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Safe Harbour – Risking Personal Liability to Rescue a Company

Twilight Zone When a company is under performing financially, directors might: do nothing or procrastinate; decide to resign or jump…

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Recovery Provisions – Trading a Business out of Financial Difficulty  

The laws are changing to allow directors to attempt a turnaround or restructure outside of a formal insolvency regime –…

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Voluntary Administration v Safe Harbour Protection for Directors

Voluntary Administration – Directors lose control The public and the media do not differentiate between liquidation and voluntary administration. Australia’s…

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Business Judgement Rule – Directors Duty of Care & Diligence

Who would want to be a director? The Business Judgement Rule is poorly understood and underutilised. Being a ‘director’ is…

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SafeHarbour – Director Protection From Insolvent Trading

SafeHarbour for directors from insolvent trading – effective 19 September after royal assent the day prior. On 11 September 2017, the Treasury Laws Amendment (2017…

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