Read The Times Australia

Daily Bulletin

Government will reform insolvency system to improve distressed small businesses' survival chances

  • Written by: Michelle Grattan, Professorial Fellow, University of Canberra

The Morrison government will make sweeping changes to the insolvency system to improve the chances of saving small businesses hit by the pandemic.

The reforms – which are described as the most significant for three decades – will cover three quarters of businesses currently subject to insolvency, almost all of which have less than 20 employees.

The measures include:

  • a new process for restructuring debt for incorporated businesses with liabilities under $1 million

  • moving from a one-size-fits-all “creditor in possession” model to a more flexible “debtor in possession” model – allowing eligible small businesses to restructure debts while remaining in control of their enterprise

  • a rapid 20-business day period for the development of a restructuring plan by a small business restructuring practitioner (SBRP), followed by 15 business days for creditors to vote on the plan

  • a simplified liquidation process for small businesses which will be quicker and cheaper

  • measures to ensure the insolvency sector can respond effectively to increased demand.

The COVID crisis has put new pressures on the insolvency system, and highlighted problems that were there already.

More businesses are in financial distress, and the one-size-fits-all arrangement doesn’t take account of the varying complexities of businesses. The current high costs and lengthy procedures can stop distressed small businesses engaging early when their chances of survival are better.

The government says the present requirements around voluntary administration are more suited to large, complex company insolvencies than to small businesses.

The new process would streamline the role for, and powers of, the small business restructuring practitioner compared with the role played by an administrator in a voluntary administration.

Government will reform insolvency system to improve distressed small businesses' survival chances The government earlier provided some relief to help shield financially distressed businesses – and the numbers of companies going into external administration have been running at lower rates than last year. But the assistance expires at the end of December. Reserve Bank Governor Philip Lowe recently warned of a wave of business failures, saying: “There will be insolvencies. There will be bankruptcies. There will be some businesses that will not recover. That’s the harsh reality of an economic downturn that’s the worst in 100 years.” The government has looked to overseas practice, notably reforms in the United States, as well as recommendations from the Productivity Commission in framing its changes. There will be safeguards to prevent misconduct, and protections for creditors’ interests. The new system requires legislation. It is due to start January 1. Treasurer Josh Frydenberg said the reforms “are a critical part of our economic recovery plan and will help to boost business confidence and dynamism across the economy by allowing viable businesses to survive as our economy rebuilds. "The government’s new reforms draw on key features of the US Chapter 11 bankruptcy process allowing small businesses to restructure their debts while remaining in control of their businesses,” he said.

Authors: Michelle Grattan, Professorial Fellow, University of Canberra

Read more https://theconversation.com/government-will-reform-insolvency-system-to-improve-distressed-small-businesses-survival-chances-146774

Business News

How Fulfilment Services in Australia Help Businesses Scale Efficiently

The growth of e-commerce and modern retail has transformed customer expectations. Consumers now expect fast shipping, accurate order processing, and seamless delivery experiences regardless of where...

Daily Bulletin - avatar Daily Bulletin

Practical Ways Australian Workplaces Can Reduce Operating Costs

Reducing business costs doesn’t always mean cutting staff, shrinking services or making the workplace feel bare-bones. In many cases, the smarter savings are hiding in everyday operations: the light...

Daily Bulletin - avatar Daily Bulletin

Executive Recruitment Solutions That Help Organisations Secure Exceptional Leaders

Leadership has a direct impact on organisational performance, employee engagement, strategic growth, and long-term success. Businesses operating in increasingly competitive environments require experi...

Daily Bulletin - avatar Daily Bulletin

Why A WooCommerce Website Designer Matters For Online Growth

Running an online store today requires more than simply listing products and waiting for customers to arrive. Businesses need a website that is fast, reliable, easy to navigate, and designed to suppor...

Daily Bulletin - avatar Daily Bulletin

Turning Your Empty Tables into Revenue

The rise of AI demand tools in hospitality, the EatClub–CommBank partnership, and seven trends reshaping Australian dining  A growing number of Australian venues are turning to AI-powered demand ma...

Daily Bulletin - avatar Daily Bulletin

High-Impact Dental Marketing Strategies That Are Driving Real Practice Growth Today

The landscape of dental practice growth in Australia has shifted dramatically over recent years. Standard, broad-spectrum advertising campaigns no longer yield the return on investment they once did. ...

Daily Bulletin - avatar Daily Bulletin

How Telematics Helps Australian Companies Improve Productivity

Operating a commercial fleet in Australia is a uniquely demanding endeavour. Between the sprawling urban sprawl of cities like Sydney and Melbourne and the immense, unforgiving stretches of the Outb...

Daily Bulletin - avatar Daily Bulletin

Inside the Icon: The BridgeMuseum Officially Opens at the Sydney Harbour Bridge

A bold new way to experience one of Australia’s most recognisable landmarks has arrived, with BridgeClimb Sydney officially opening the all-new BridgeMuseum.  Located inside the Sydney Harbour Bridge...

Daily Bulletin - avatar Daily Bulletin

Is Your Brand Showing Up in AI Search? Most Melbourne Brands Aren't.

The New Front Door Nobody Told You About Something changed. Quietly. Without a press release. The way buyers find businesses in Australia has been rewired. Not replaced, rewired. Google isn't dead...

Daily Bulletin - avatar Daily Bulletin

The Daily Magazine

Traffic Light System Solutions For Safer And More Efficient Traffic Management

Modern cities and growing communities rely heavily on effective traffic management to ensure safety...

Gold Migration Lawyers in Liquidation: How the Closure Affects Your ART Appeal

If your appeal was with Gold Migration Lawyers, a recent change to how the Tribunal decides cases ...

The pressure cooker: life in urban Australia in 2026

Australian cities have always been demanding. Long commutes, rising housing costs, busy schedules a...

What Actually Makes a Good Criminal Lawyer in Melbourne

Most people only think about this question once. That is usually too late. Most people charged wi...

Why Working With A Chatswood Tutor Can Improve Academic Performance

Academic expectations continue increasing for students across primary school, high school, and senio...

Is It Worth Getting Solar Panels in Melbourne?

The real question is not whether solar works in Melbourne. It works. The question is what it is co...

How A Diploma Of Project Management Builds Practical Skills For Modern Work Environments

Developing the ability to plan, execute, and deliver outcomes efficiently is a key requirement in to...

How to Choose the Right Football for Every Level

Choosing a football may seem straightforward, but the right option depends on who will be using it a...

What to Ask a Wedding Photographer Before You Book

Booking a wedding photographer can feel deceptively simple: you like the photos, you like the vibe...