Insolvent trading laws to change amid COVID-19 crisis

The Federal Government has announced urgent changes to insolvent trading laws to provide companies with the confidence to continue to trade during the Covid-19 crisis that currently grips the world. 

One key change is to temporarily relieve directors, for six months, of the risk of being held personally liable for insolvent trading by the company. 

Others include a 10 times increase to the minimum debt amount necessary to seek the winding up of an insolvent company (from $2,000 up to $20,000) and pushing out the period to satisfy any statutory demand from 21 days to 6 months.  These are significant and vital amendments given that almost overnight we have seen widespread and deeply damaging developments across almost all markets and sectors.  

The ATO has also released information on temporary arrangements (including tax rebates and deferred payments) being introduced to respond to the economic crisis and new Government economic measures are being announced almost daily to try and preserve jobs and allow companies to ride out the storm.

Legal, accounting and financial advisors are needing to update their advice on a daily basis as new measures are announced and new impacts are felt from the virus measures.

Cove Legal provide specialist advice to clients facing possible insolvency outcomes or facing actual or threatened ATO debt action.  If you are attempting to address director personal liability issues or an insolvency situation generally, either now or in the future, do get in contact as we would love to try and help. 

https://www.afr.com/policy/economy/insolvency-law-to-be-changed-as-avalanche-expected-20200322-p54con

Roger Blow, Principal, P: +61 8 6381 0326 or E: roger@covelegal.com.au

This publication is not intended to provide and does not provide legal advice. You should seek professional legal advice relating to your specific situation(s) before taking any action based upon its contents.

 

 

 

COVID-19: A Financial Health Perspective

These are clearly concerning times from a global health perspective and entire nations are facing, in many cases for the first time in over half a decade, a genuine risk to the lives of their immediate family and close friends.

We are all receiving detailed advice and information many times a day about slowing or avoiding the spread of the virus.  Indeed we risk missing the most important guidance by having to wade through so many updates and briefings on what we should and shouldn’t be doing!

But in addition to the obvious need to protect the health of our own families and the community as a whole, there is also a need to have at least some regard for other realities which, whilst not the current priority or focus, are still going to be relevant when we emerge from this crisis: jobs, income, tax liabilities, cash flow, finance, insurance, insolvency.

All of the information and signs suggest that this will be a long battle and not something that is a mere memory come Easter.  The initial medical predictions put the peak of WA’s coronavirus attack most likely falling between June and August.

So as hard as it may be when every update is focused on social distancing and using antibac gel, we do also need at this time to start thinking about how we make or change plans to address the financial needs of our businesses and community.  Already some industries would have been severely impacted financially by the virus measures, such as those in the events and sport sectors.  Next in line will be restaurants and bars and then businesses selling luxury items or social experiences, given that belts will be tightened probably even more so than in the GFC.  And we are only weeks into this story, with likely months still to go.

At Cove Legal we have specialized for many years in assisting clients with legal disputes or problems focused around either insolvency issues or outstanding tax liabilities.  The advice in that space, virus or no virus, is to have the conversations early – especially where the ATO is concerned.  So many damaging financial outcomes can be either avoided or lessened with early advice, action and intervention when things start to look financially uncomfortable.

We provide guidance on potential personal liability for Directors, dealing with the ATO when an individual or company is being pursued for unpaid tax debts, negotiating payment plans for tax debts, addressing garnishee notices,  director penalty notices, winding up or bankruptcy proceedings and pursuing unpaid amounts under commercial agreements.

The next 3-6 months are going to be challenging for businesses both big and small and this will likely be a global economic problem.  We can’t give you more advice on the health issues but if you would like to discuss a legal health check for your business then we are keen to remain as available as possible to clients.

To assist in that objective, we are now set up to conduct client meetings by either Skype or iPhone Facetime – and the old-fashioned telephone and email of course work very well. 

We are also happy to offer fixed price initial consultations at $350 plus GST for up to an hour (which represents over 40% reduction to the usual fees), so that new clients can feel comfortable that they are not handing over a blank cheque.   Our objective is to give you the best advice for you to then make informed decisions.  Call or email us today if you think we can help.

Roger Blow P: +61 8 6381 0326 or e: roger@covelegal.com.au

This publication is not intended to provide and does not provide legal advice. You should seek professional legal advice relating to your specific situation(s) before taking any action based upon its contents.