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Company debt you can't pay?

Smart insolvency solutions for you and your business — SBR (Small Business Restructuring), Voluntary Administration, Safe Harbour, Turnaround, and Personal Advisory. More than 30 years helping Australian directors find creative solutions.

Free initial consultation with an ASIC-registered specialist. Confidential and no obligation.

Sydney & Central Coast offices · ASIC-registered practitioners

Could SBR work for your company?

Three quick questions tell you if Small Business Restructuring is on the table.

1

Is the business a Pty Ltd company?

SBR is only available to incorporated proprietary limited companies. Sole traders, partnerships, and trusts can't use it.

2

Is total liabilities under $1 million?

The legal threshold for SBR is $1 million in total liabilities (excluding employee entitlements). Above that, Voluntary Administration is usually the right path.

3

Are tax lodgments up to date — or fixable?

Income tax returns, BAS, and superannuation must be substantially current. A practitioner can help you bring these into line before formal appointment.

Three yeses? You're likely eligible. Two? It may still be possible with quick housekeeping. One or none?

See other options

What is Small Business Restructuring?

A formal debt-relief process for incorporated small businesses, introduced by the Federal Government in 2021.

Keep control

You stay director and continue running the business. SBR is the only formal insolvency process that leaves the directors in charge — unlike Voluntary Administration or Liquidation, where an external administrator takes over.

Reduce unsecured debt

A Restructuring Practitioner helps you propose a plan to creditors — typically paying 20–40 cents in the dollar over up to three years. Accepted plans wipe the rest of the unsecured debt.

Keep trading

The company continues operating throughout. Employees stay employed, suppliers keep being paid for new work, and customers don't see the back-office process.

Other ways we can help

SBR is one of several paths. Whichever fits your situation, we have an ASIC-registered specialist for it.

Personal Advisory DPN response

If you've received a Director Penalty Notice from the ATO for unpaid PAYG, GST, or super, you have 21 days to act before becoming personally liable. Our Personal Advisory team helps you choose between paying, appointing a liquidator or administrator, or commencing SBR — and helps you do it inside the deadline.

When it applies: a DPN has been issued and the clock is ticking.

Business Restructuring Voluntary Administration

Where SBR's $1m cap doesn't apply, Voluntary Administration is usually the right path. An external administrator takes over for around 25–30 business days while a Deed of Company Arrangement (DOCA) is proposed to creditors. The business can keep trading throughout.

When it applies: total liabilities exceed $1m or operations are complex.

Smart Insolvency Liquidation, done right

If the business isn't viable even with debt restructured, a Creditors' Voluntary Liquidation winds it up cleanly — selling assets, paying creditors in priority order, and deregistering the company. We make sure all parties play by the rules and directors aren't blindsided later.

When it applies: the business is unviable or directors want a clean exit.

Safe Harbour Trade through, protected

Safe Harbour is a legal protection for directors against insolvent trading liability while developing a course of action that's reasonably likely to lead to a better outcome. Lets you keep trading and fixing the business without personal exposure — provided lodgments and employee entitlements stay current.

When it applies: there's a credible turnaround plan in flight.

tph Turnaround Informal workout

Direct negotiation with the ATO and key creditors — typically a 6 to 24 month payment plan, plus operational changes (cost reduction, supplier renegotiation, refinancing). No formal insolvency, no public appointment. Works when cash flow is recoverable and creditors are willing.

When it applies: cash flow is recoverable and creditors will negotiate.

Small Business Restructuring Detailed above

Our flagship offering for distressed Pty Ltd companies under $1m in liabilities. You stay director, propose a plan to creditors, repay 20–40 cents in the dollar over up to three years, and keep trading throughout. See the SBR sections above for full detail.

When it applies: incorporated company, <$1m liabilities, lodgments current.

The SBR process — step by step

From first phone call to debt restructured, typically inside 6 to 8 weeks.

1

Free initial consultation

An ASIC-registered Restructuring Practitioner reviews your books and talks you through whether SBR is viable. No obligation, no cost. If SBR isn't right, they'll tell you what is.

2

Practitioner appointed; plan drafted

You formally appoint the Practitioner. They have up to 20 business days to draft a restructuring plan and put it to creditors. The company keeps trading the whole time.

3

Creditor vote and repayment

Creditors get 15 business days to vote. If accepted (more than 50% by debt value), you repay the agreed amount over up to three years. Remaining unsecured debt is wiped.

Choose a registered specialist

Only ASIC-registered Restructuring Practitioners can run an SBR. Don't engage anyone who isn't.

Check ASIC registration

Every Restructuring Practitioner must be registered with ASIC and listed on the public register. Always confirm a name appears on it before signing anything.

Get the fee in writing upfront

Practitioner fees should be disclosed before appointment, not after. Standard SBRs are typically fixed-fee in the $15,000–$30,000 range, paid through the restructure.

Understand who you're speaking to

"Pre-insolvency advisors" who aren't ASIC-registered cannot run an SBR — they can only refer you to one. Ask for the registration number.

Common traps to avoid

Things that derail SBRs — or lead directors into worse trouble.

Unregistered "advisors"

Anyone offering to "wipe your tax debt" who isn't ASIC-registered is selling you a referral, not a process. Some charge thousands for advice that an actual practitioner would give free.

Inflated debt-reduction promises

Reputable SBR plans typically pay creditors 20–40 cents in the dollar. Anyone promising you'll wipe 90%+ should be questioned — unrealistic plans get voted down by creditors.

Skipping BAS and super lodgments

Unlodged BAS or unpaid super means the ATO can issue a "lockdown" Director Penalty Notice — which makes the debt personal regardless of what the company does. Stay current.

The TPH difference

More than 30 years of experience. Creative solutions. In your corner from day one.

Three decades of experience

Our practitioners have spent more than 30 years helping Australian businesses navigate financial distress. We've seen every situation — and the creative solutions that come with them.

You're not a victim

We don't see directors in trouble as victims. We see business operators who hit a hard patch and need a clear path through. Our job is to find the path that actually works.

In your corner — by the rules

Insolvency is full of rules: who pays whom, in what order, by when. We make sure every party plays by them — fairly, transparently, with no surprises later.

Tim Heesh — CEO & Senior Strategy Manager, Restructure, Turnaround & Insolvency

Common questions

Plain-English answers to the questions directors ask first.

Will I lose control of the company?

No. SBR is the only formal insolvency process where the directors stay in charge of day-to-day operations. The Restructuring Practitioner has oversight of the plan, but the directors continue to run the business.

What does SBR cost?

Practitioner fees are typically fixed at $15,000–$30,000 for a standard SBR, paid through the restructuring plan rather than upfront. Plus a small ASIC notification fee. Always get fees in writing before appointment.

Will my employees know?

The appointment is published on ASIC's public notice register, so it is technically public. In practice, employees usually only need to know operationally — supplier relationships and customer-facing trading continue normally.

What if creditors vote against the plan?

If the restructuring plan isn't accepted, the SBR ends and the company returns to its prior position. Directors can then choose Voluntary Administration, liquidation, or another path. The SBR doesn't lock you in.

Does SBR get me out of personal Director Penalty Notices?

Only if the underlying debt is "non-locked-down" — i.e. lodged with the ATO within the deadlines, even if not paid. If the debts are locked-down (un-lodged BAS or super for more than 3 months), the personal liability stays with the director.

How quickly do I need to act?

If you've received a Director Penalty Notice, you have 21 days from the date on the notice. Don't wait. If you're dealing with mounting tax debt but no DPN yet, sooner is always cheaper than later.

Is there a free way to talk to someone first?

Yes. ASIC-registered Restructuring Practitioners typically offer a free initial consultation — no fee, no obligation. They'll tell you honestly whether SBR fits, or whether a different path makes more sense.

Let's find your fresh start

Get a free, confidential consultation with an ASIC-registered specialist. We'll review your situation and tell you honestly which path fits — SBR, Voluntary Administration, Safe Harbour, DPN response, Turnaround, or Liquidation.

Confidential · No obligation · No upfront fees
Sydney
Suite 5, 82–86 Pacific Highway
St Leonards NSW 2065
(02) 9011 5420
Central Coast
Suite 3, 167 The Central Coast Highway
Erina NSW 2250
(02) 4305 2405