Australia

Directors have the option to trade their company out of financial difficulty without the fear of being personally liable for insolvent trading, if they meet the requirements of the insolvent trading safe harbour provisions in the Corporations Act. Importantly, the safe harbour provisions are only accessible if the company engages suitably qualified Restructuring Advisors such as those from William Buck’s Restructuring & Insolvency team.

A team of our experts, hand-picked for each safe harbour engagement, will provide exceptional safe harbour advice, tailored to each client’s unique circumstances. Seeing a business through troubled waters can be a simple engagement or it can require more complex assistance to execute an effective turnaround solution – our advisors will help you determine what level of support you need to succeed.

Avoiding insolvency is paramount to a business’s success but sometimes circumstances prevail in which there is uncertainty as to whether a company continues to beis solvent or not. The personal risk for directors during this time is significant and without proper guidance the outcomes can be disastrous. We have a proven record in advising businesses under the safe harbour provisions and have helped many companies avoid insolvency and put the available protections in place to limit directors’ personal risk.

Safe Harbour reviews Specialists

Latest insights from our Restructuring & Insolvency team

Thousands of Director Penalty Notices issued in ATO debt collection activities
13 April 2022 | Minutes to read: 2

Thousands of Director Penalty Notices issued in ATO debt collection activities

Following a relatively quiet period during the COVID-19 pandemic, the Australian Taxation Office (ATO) has resumed its...
Are you ready to apply for your Director Identification Number?
6 April 2022 | Minutes to read: 2

Are you ready to apply for your Director Identification Number?

Effective 1 November 2021, all directors of registered bodies are required to obtain a Director Identification Number...
Exit smart by using a solvent winding up
23 March 2022 | Minutes to read: 4

Exit smart by using a solvent winding up

When a company’s life cycle has run its course and the corporate entity is no longer required,...
Canberra to consult on the treatment of corporate trusts under insolvency law
24 November 2021 | Minutes to read: 2

Canberra to consult on the treatment of corporate trusts under insolvency law

Australia’s current insolvency law does not clearly address the treatment of corporate trusts which are commonly used...
Directors beware – or face potential criminal charges and ASIC banning orders
11 November 2021 | Minutes to read: 3

Directors beware – or face potential criminal charges and ASIC banning orders

In a strong warning to company directors over the past four weeks, Australia’s corporate watchdog has issued...
Safe harbour review: ARITA’s recommendations
20 October 2021 | Minutes to read: 3

Safe harbour review: ARITA’s recommendations

In response to Treasurer Frydenberg’s announcement in May of the government’s intentions to reform Australia’s insolvency framework...

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