For any business owner, facing significant financial difficulty is one of the most stressful challenges imaginable. The pressure from creditors, the concern for your employees, and the uncertainty of the future can be overwhelming. However, it's crucial to remember that Australian law provides structured pathways to manage these situations. Making a proactive, informed decision is not an admission of failure, it is an act of responsible leadership. This guide will outline three key options available to companies in distress: Voluntary Administration, Receivership, and Liquidation. 1. Voluntary Administration: A Chance to Restructure and Survive Think of Voluntary Administration (VA) as a breathing room. It’s a process designed to give a financially troubled company the best possible chance of continuing to exist, or if that’s not possible, to provide a better return for creditors than an immediate liquidation would. What is it? The directors of a company determine it is insolvent or likely to become insolvent, and they appoint an independent, registered liquidator as an Administrator. This places a moratorium (or freeze) on most creditor claims, giving the company vital space to figure out its next move. What is the goal? The Administrator takes full control of the company to investigate its financial affairs. They then form an opinion on the three possible outcomes for the business: Return the company to the control of the directors. Approve a Deed of Company Arrangement (DOCA) – a binding agreement between the company and its creditors to settle its debts and continue trading. Wind the company up via Liquidation. Best for: Businesses that are fundamentally viable but are struggling with cash flow or debt. It provides a genuine opportunity to restructure, renegotiate with creditors, and emerge stronger. 2. Receivership: The Secured Creditor Takes Control Receivership is not typically a choice made by the business itself. Instead, it is initiated by a major secured creditor (like a bank) that holds security over some or all of the company's assets. What is it? A secured creditor appoints a "Receiver" to take control of the specific assets they have security over. The Receiver's primary duty is to the creditor that appointed them. What is the goal? The Receiver's main objective is to sell the secured assets to recover the money owed to their appointing creditor. Their focus is not on saving the company as a whole, but on satisfying the debt of one specific, powerful creditor. Key takeaway: If your business has significant loans secured by assets like property or equipment, receivership is a real possibility if you default. The directors' control over those assets is lost. 3. Liquidation: The End of the Company's Life Liquidation, also known as "winding up," is the formal process of bringing a company's existence to a close. It is the final stage when restructuring or recovery is not possible. What is it? A Liquidator is appointed to take control of the company's affairs. Their job is to identify and sell all company assets, use the proceeds to pay creditors in a specific order of priority defined by law, and officially deregister the company. What is the goal? The primary goal is to ensure an orderly and fair distribution of the company's remaining assets to its creditors. Any surplus funds, in the rare event they exist, are distributed to the shareholders. For the company itself, this is the end of the road. Key takeaway: This is the terminal option. It is initiated either by a court order, by creditors, or voluntarily by the company's directors and shareholders when they know the business cannot pay its debts. Why Early, Expert Advice is Your Most Valuable Asset Navigating the complexities of the Corporations Act 2001 is not something any director should do alone. The risks of trading while insolvent are severe and can expose you to personal liability. Engaging with legal and financial experts at the first sign of trouble is the most strategic step you can take. An experienced insolvency lawyer can act as your partner, helping you understand your duties, protect your personal position, and identify the best pathway for your unique situation. We can help you negotiate with creditors, correspond with administrators, and ensure every decision is made to secure the best possible outcome. Don't wait until the choice is made for you. Take control of the situation. If your business is facing financial uncertainty, contact our Commercial Advisory team for a confidential, no-obligation discussion about your options.
As family lawyer’s, we understand that legal fees can be a significant concern for individuals navigating the family law system. This often leads to the question of whether self-representation is a viable option. While it's certainly possible to represent yourself in family law matters, it's crucial to weigh the potential risks and benefits carefully before making this decision. Self-representation can save you on legal fees, but it also comes with significant challenges. Family law is a complex area with its own rules, procedures, and legal principles. Navigating this system without legal training can be overwhelming and increase the risk of errors or missed opportunities. Self-represented litigants may expose themselves to disadvantages when dealing with experienced lawyers representing the other party. They may not have the same level of legal knowledge, advocacy skills, or ability to gather and present evidence effectively. This can lead to unfair outcomes and a sense of powerlessness in the legal process. Additionally, self-representation can be emotionally draining, especially in cases involving high conflict or sensitive issues. The stress of managing the legal process alone, while also dealing with the emotional turmoil of a relationship breakdown, can take a toll on your mental health and well-being. While self-representation may be suitable for simple, uncontested matters, we generally advise clients to seek legal advice, even if it's just for an initial consultation. A lawyer can provide you with an objective assessment of your situation, explain your rights and obligations, and guide you through the legal process. They can also advocate for your interests, negotiate on your behalf, and represent you in court if necessary. Remember, the family law system is designed to be accessible to everyone, regardless of their legal knowledge or financial resources. By seeking legal advice and support, you can ensure your rights are protected and achieve a fair and just outcome in your family law matter.
Purchasing property interstate, whether for your first home or your next investment, is a positive step towards securing your future. However, fully grasping each state’s unique schemes and recently implemented regulations can be challenging. At Hammond Nguyen Turnbull, we assist clients in navigating the complexities of property purchases across Australia. If you are considering a purchase in Victoria, this article will help you understand Victoria’s new Land Tax Rules and what you need to be aware of. Lower Threshold Means More Landowners Are Now Taxed A land tax threshold is the minimum unimproved value of land where tax becomes payable. If the unimproved value of your land is below this threshold, you generally aren't required to pay land tax. However, if it meets or exceeds the threshold, land tax will be calculated on the taxable value of the land, often with different rates applying to different value brackets. Each state in Australia has a different land tax threshold. From 1 January 2024, Victoria slashed its land tax threshold from $300,000 to just $50,000 , catching tens of thousands of previously exempt landowners off guard. Since then, properties valued above $50,000 are subject to annual land tax, even if they are a primary residence that is partly used for business purposes. Primary Place of Residence (PPR) Exemption The Primary Place of Residence (PPR) Exemption still exists. This means that your home is generally exempt from land tax if it's truly your main residence.This means it's the place where you ordinarily live and conduct your daily life. However, this exemption can be partially lost if your home is used for business and meets certain conditions, even if you’re earning just over $30,000. When Home-Based Income Triggers Land Tax Victoria’s State Revenue Office (SRO) now flags home-based businesses more aggressively, using criteria like: Gross income of $30,000 or more from the home-based activity. Over 30% of your home’s floor space or land area used for that activity. Employees or contractors (not just family) working on the premises. Business activities requiring council permits. Extensive tax deductions claimed in your income tax return. If these conditions are met, the land used for business becomes subject to a pro-rated land tax based on its share of your property’s unimproved site value. For instance, a $900,000 home with 10% used for business means $90,000 is taxable. Under current rates, this could attract around $500 in annual land tax . Work-From-Home Debate and Uncertainty With the Victorian government’s push to formalise a right to work from home up to two days per week, concerns have surged about unintended land tax liabilities. Premier Jacinta Allan firmly denied any changes to tax settings, calling claims of new land tax for WFH workers “nonsense”. Still, tax experts caution that the current law already allows the SRO to strip exemptions if your home usage is deemed substantial even for salaried employees. Land Tax Rates at a Glance (2024 Onwards) According to the SRO’s rate schedule: Up to $50,000 — Nil $50,000 to < $100,000 — $500 $100,000 to < $300,000 — $975 Higher brackets apply for land exceeding these values. What You Should Do Next Assess your usage: do you earn over $30,000 at home? Is usage >30%? Are you claiming significant deductions? Track your property’s unimproved value and calculate the business-use portion. Stay informed about the expanding Vacant Residential Land Tax (VRLT) from 1 January 2025. It applies to properties left unoccupied over 6 months, state‑wide. Seek professional advice from a tax accountant or legal advisor to ensure compliance and minimise surprises.
