Frequently Asked Questions

Straight answers to the questions directors ask us most

Insolvency, restructuring and debt relief explained in plain English — so you can make confident decisions about your business and your future.

Getting Started & Costs

Everything you need to know before that first call.

Don't panic, but don't wait. A Director Penalty Notice usually gives you 21 days to respond. Call us immediately — we assess your position, determine whether the debt can be remitted (via payment, administration or liquidation), and help you avoid personal liability where possible.
We assess your situation, explain all available options, and guide you through the most appropriate solution — whether formal or informal — to achieve the best possible outcome.
Your initial consultation is completely free. If you decide to proceed, we outline fees clearly before any work begins — no surprises. Fees vary with complexity, but what you pay is almost always a fraction of what you save.
Absolutely. Everything you share is treated with complete confidentiality and bound by professional obligations. We never share your information with anyone — including creditors or the ATO — without your explicit consent.

Warning Signs & Early Action

Spot the trouble early — that's when you have the most options.

Common signs include declining cash flow, increasing creditor pressure, ATO arrears, unpaid superannuation, and reliance on short-term funding.
Seek professional advice immediately to understand your options and minimise risk, particularly regarding director obligations.
As soon as you notice cash flow pressure, mounting debts, or difficulty meeting obligations — early intervention significantly improves outcomes.
Many businesses can be stabilised or restructured if action is taken early. The earlier you engage, the more options are typically available.

Pre-Insolvency Advice

Prevention and turnaround — before things become formal.

Pre-insolvency advice involves identifying financial distress early and implementing strategies to stabilise your business before formal insolvency becomes necessary.
Pre-insolvency focuses on prevention and turnaround, while insolvency involves formal processes once a business is already unable to meet its debts.
Strategies may include cash flow restructuring, creditor negotiations, cost reduction, refinancing, or preparing for a formal restructure and sale of business or assets if required.
If recovery isn't possible, we guide you into the most appropriate formal solution, ensuring a smooth transition and minimising risk.

Formal vs Informal Solutions

Understand the difference between negotiated arrangements and statutory processes.

Formal solutions are governed by law and involve registered practitioners (e.g. liquidation or voluntary administration), while informal solutions involve negotiated arrangements with creditors without formal appointments.
These include liquidation, voluntary administration, and small business restructuring processes.
Informal solutions may include business restructures, asset sales, payment plans, debt compromises, refinancing, or negotiated settlements with creditors.

Formal Processes Explained

Plain-English overviews of SBR, voluntary administration, liquidation and Safe Harbour.

A small business restructuring is a formal process under Australian law that allows eligible companies to restructure their debts while continuing to trade. Introduced under the Australian Securities and Investments Commission framework, it enables directors to remain in control of the business while working with a registered restructuring practitioner to develop a plan to compromise debts with creditors. If creditors approve the plan, the business can reduce or restructure what it owes and continue operating, providing an alternative to liquidation or voluntary administration.
If your company owes less than $1 million in liabilities, you're likely eligible. SBR lets you restructure debts while retaining control of the business — no external administrator running the company. We assess eligibility in the first call.
It's a formal process where an independent administrator is appointed to assess the business and recommend a way forward, which may include restructuring or winding up.
Liquidation is the process of winding up a company's affairs, selling assets, and distributing proceeds to creditors.
Yes — when it's set up properly. Safe Harbour protects directors from personal liability for insolvent trading while you pursue a course of action reasonably likely to lead to a better outcome. It requires the right advice, documentation and process, which is exactly what we do.

Director Concerns & Process

Personal liability, control, creditor action and timeframes.

Directors have a duty to prevent insolvent trading. Continuing to trade while insolvent can lead to personal liability.
In some processes like voluntary administration or liquidation, control passes to an external practitioner. In restructuring, directors may retain control under supervision.
Yes, but certain formal processes may provide temporary protection (a "moratorium") from creditor enforcement.
Timeframes vary depending on complexity, but informal arrangements may be quicker, while formal processes can take months or longer.
Still Have Questions?

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