Business law
Voluntary Administration vs Small Business Restructuring
When a business faces mounting debt, cash-flow pressure or escalating creditor action, directors must act quickly to protect the company’s position. In many cases, the decision comes down to voluntary administration vs small business restructuring. While both are formal insolvency options, they serve different business sizes, risk profiles and recovery goals. Voluntary administration is often…
Read MoreWhat are the Consequences of Bankruptcies in Australia?
The consequences of personal bankruptcy include affecting your credit, employment, business roles and travel permissions, with long-term restrictions that continue after discharge. Records remain permanent on the National Personal Insolvency Index (NPII) and appear on credit reports for 5 years from the start date or 2 years from discharge, whichever comes later. These outcomes shape…
Read MoreWhat is a Director Identification Number? | A Guide to DINs
A Director Identification Number is a unique 15-digit identifier issued to every director of a company registered in Australia. Introduced under the Modernising Business Registers program, it became a new requirement in November 2021 to improve corporate transparency and prevent the use of false or fraudulent director identities. Every director ID is a unique combination…
Read MoreDirector Penalty Notice in Australia
A Director Penalty Notice is an official letter the Australian Taxation Office sends when your company hasn’t paid certain tax debts. As a director, you can become personally responsible for these unpaid taxes. This includes PAYG withholding, superannuation guarantee, and GST obligations. According to Accountants Daily, in the 2023–24 financial year, the Australian Taxation Office…
Read MoreHospitality Sector Insolvencies in Australia
When your hospitality business faces insolvency in Australia, you must follow strict legal steps. You need to appoint a liquidator, notify creditors, and lodge documents with ASIC. Your tax obligations continue even in financial trouble. Moreover, directors may face personal liability if they trade whilst insolvent under the Corporations Act 2001. Accounting Times reported that…
Read MoreMining Contractor Insolvency in Australia’s Mining Sector
Mining contractor insolvency happens when your mining service provider can’t pay its debts and stops operating. As an Australian mine employer, you face risks like project delays, lost equipment access, and finding new contractors quickly. This impacts your operations, safety compliance and bottom line. Australian insolvencies have reached record highs, with the mining industry experiencing…
Read MoreWhat happens to a Director of a Company in Liquidation?
When a company liquidation happens in Australia, the director loses control over the company’s affairs, assets, and operations. These responsibilities are handed over to an appointed liquidator. Directors must cooperate with the liquidator and provide any requested information, documents, and assistance to facilitate the liquidation process. The liquidator will also investigate the director’s conduct, to…
Read MoreWhat are Liquidated Damages?
A liquidated damages clause is a clause in some commercial contracts that sets a specific amount one party must pay if a particular term is breached. Also known as an agreed damages provision, this amount is intended to be a fair estimate of the potential losses the non-breaching party may face. To enforce a liquidated…
Read MoreDeadline set for Director Identification Numbers (DIN)
What’s a DIN? Recent amendments to Corporations Act 2001 compel all company directors to prove their identity with a Director Identification Number (DIN) and the date has been set for when this will take effect. A DIN is a unique 15 digit identifier designed to track the corporate history of a director. DIN’s have been…
Read MoreThe difference between non lockdown and lockdown director penalty notices
“Non Lockdown” DPN’s: PAYG Tax, GST or Superannuation: Unpaid but Returns Lodged Within Relevant Periods A company is required to: If a company does not pay its PAYG Tax, GST or superannuation, but lodges its BAS (within 3 months of being due) and SGC Statements (when due), the ATO can issue a Director Penalty Notice…
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