Small Business Restructuring
Business Debt, Director Liability & Restructuring Options
If your business is under financial pressure — from ATO debts, creditor demands, Director Penalty Notices, or the threat of winding up — you have more options than you may realise. Submit your request and get connected with a restructuring lawyer who can assess your situation and identify the right path forward.
⚠ If you have received a Director Penalty Notice, ATO statutory demand, winding-up application, or garnishee notice — mention it clearly in the form so your request can be prioritised. These matters have strict deadlines.
What You Can Submit
Small business restructuring matters handled at every stage.
From Director Penalty Notices and ATO statutory demands to voluntary administration, safe harbour protection, and winding-up defence — submit any of these matters using the form above.
Director Penalty Notices
Personal liability for directors where a company has unpaid PAYG withholding or superannuation guarantee charge. You typically have 21 days to respond — early legal advice is critical.
ATO Statutory Demands
Responding to or setting aside a statutory demand issued by the ATO for unpaid company tax debt. Failure to act within 21 days creates a presumption of insolvency.
Winding-Up Application Defence
Opposing an application by the ATO or another creditor to wind up your company — including urgent adjournments, debt disputes, and DOCA proposals as alternatives.
Voluntary Administration
Appointing a voluntary administrator to take control of an insolvent company, impose a moratorium on creditor action, and develop a restructuring proposal for creditors.
Deed of Company Arrangement (DOCA)
Proposing, voting on, or challenging a deed of company arrangement as an alternative to liquidation — allowing the business to continue operating under agreed terms.
Safe Harbour Protection for Directors
Accessing the safe harbour defence under the Corporations Act to continue trading while developing a genuine restructuring plan — protecting directors from insolvent trading liability.
Insolvent Trading & Director Liability
Defending director liability claims for insolvent trading, including safe harbour, reasonable grounds, and delegation defences under the Corporations Act 2001.
Garnishee Orders
Responding to ATO garnishee notices issued to your bank or trade debtors — including challenges, hardship applications, and negotiating release of frozen funds.
Broken ATO Payment Plans
Re-establishing ATO payment arrangements after default, negotiating revised terms, applying for interest remission, and managing enforcement action after plan cancellation.
Simplified Liquidation
Streamlined liquidation for eligible small companies with debts under $1 million — a faster, lower-cost pathway to wind up a company with minimal creditor return.
Director Disqualification
Responding to ASIC disqualification proceedings, appealing disqualification orders, and applying for leave to manage a corporation while a disqualification is in force.
Overdue BAS & Unpaid GST
Catching up on overdue Business Activity Statements, managing GST debt and penalties, voluntary disclosure to reduce exposure, and negotiating with the ATO's debt management team.
Multiple Creditor Pressure
Dealing with simultaneous demands from multiple creditors — managing priorities, moratorium options, and restructuring strategies when cash flow cannot meet all obligations.
Trading Trust Insolvency
Navigating insolvency where business assets are held in a discretionary or unit trust — including trustee liability, indemnity rights, and protecting trust assets from creditor claims.
Corporate Trustee Obligations
Advising corporate trustees on liability exposure, indemnity rights against trust assets, and obligations when the trust or the trustee company faces financial difficulty.
Supplier & Trade Creditor Disputes
Recovering unpaid invoices, PPSR registration, retention of title disputes, and security of payment adjudication for businesses owed money by customers or trading partners.
ATO Winding-Up Applications
Responding urgently to an ATO application to wind up your company in the Federal Court — including adjournment, dispute of the underlying debt, and alternatives to liquidation.
When to Act
Situations that require urgent legal advice for directors.
Many small business restructuring options have hard deadlines — missing them can eliminate your choices and expose you to personal liability. Early advice almost always leads to better outcomes.
You have received a Director Penalty Notice
A DPN makes you personally liable for unpaid PAYG withholding or superannuation. You have 21 days from the date of issue to respond. If a lockdown DPN has been issued, your options are even more limited — get advice immediately.
The ATO has issued a statutory demand or winding-up application
A statutory demand must be responded to within 21 days or the company is presumed insolvent. A winding-up application has a court hearing date that cannot be ignored. Both require urgent legal attention.
Your company is trading but cannot pay its debts
Directors of insolvent companies risk personal liability for insolvent trading. Acting early — through safe harbour, voluntary administration, or a DOCA — can protect directors and give the business the best chance of survival.
The ATO has issued a garnishee notice to your bank
A garnishee notice can freeze your business bank account or redirect payments from your customers to the ATO. Legal advice can help you challenge, negotiate, or manage the garnishee to keep the business operating.
Your ATO payment plan has collapsed or been cancelled
When a payment arrangement breaks down, the ATO can immediately recommence enforcement action — DPNs, garnishees, and winding-up applications can follow quickly. Re-engaging with legal support promptly can restore an arrangement.
Multiple creditors are demanding payment simultaneously
When a business faces simultaneous pressure from the ATO, trade creditors, and financiers, the order of response matters. A restructuring lawyer can help prioritise, negotiate, and implement a solution that gives the business the best chance of survival.
How It Works
One clear request. The right restructuring advice.
You do not need all documents ready before submitting. Describe your situation and any notices or deadlines received — a restructuring lawyer will review your matter and follow up promptly.
Submit Your Restructuring RequestDescribe your situation
Submit the form with your contact details, state, the type of issue (DPN, statutory demand, cash flow crisis, etc.), and a brief summary. Note any deadlines or notices received.
Matter is assessed
Your request is reviewed with urgency, issue type, and location in mind. Urgent matters — DPNs, winding-up applications, garnishees — are prioritised for same-day follow-up.
Legal support arranged
You are connected with a restructuring lawyer matched to your matter. They will advise on your options, exposure, and the most effective path forward given the circumstances.
Information That Helps
What to include in your request.
The more clearly you describe the situation, the easier it is to identify urgency and connect you with the right legal support quickly.
Type of notice or action received — DPN, statutory demand, garnishee notice, winding-up application, or other.
The approximate total debt amount and which creditors are involved (ATO, bank, trade creditors, etc.).
Any response deadlines — DPN 21-day window, statutory demand 21-day period, court hearing dates.
Whether the business is still trading and whether it holds assets in a trust structure.
Number of directors and whether all directors have received the same notices.
Whether a payment plan with the ATO exists or has previously broken down.
Urgent restructuring matters
If any of the following apply, include it clearly in your summary so your request can be flagged as urgent.
Submitting this form does not create a lawyer-client relationship and does not replace formal legal advice.
Coverage
Small business restructuring requests accepted from all Australian states and territories.