safe harbour

Podcast on safe harbour from insolvent trading

This podcast is a general introduction to the safe harbour from insolvent trading that is now available for company directors. It is particularly useful to directors of small-to-medium sized businesses looking for a general understanding of the new carve-out.

In September 2017 a new safe harbour from insolvent trading was introduced to help company directors undertake informal restructures during insolvency. It is the only carve-out to the duty of company directors to cease trading when a company is insolvent. The new safe harbour from insolvent trading represents a significant watering down of the insolvent trading prohibition and is an alternative to a formal appointment of a voluntary administrator or liquidator.

Ben Sewell of Sewell & Kettle Lawyers is interviewed in this podcast by Heide Robson from Tax Talks ( Tax Talks is a podcast series for Australian professional accountants.

Podcast on the new safe harbour for directors hyperlink –

You can listen and subscribe to this podcast on iTunes or listen on Sticher.

Click on the play button below to listen to the podcast


Topics of discussion include:

  • Summary of the new reform
  • What is the prohibition on insolvent trading for company directors?
  • New rules but no specific process for the safe harbour mandated
  • What is the “better outcome” test?
  • This is not a Chapter 11 reform but a step towards it
  • One size does not fit all
  • Key hurdle is tax return lodgement and payment of employee entitlements
  • Getting advice from an “appropriately qualified entity”
  • What is a solicitor’s potential role?
  • What is a turnaround plan?

made by