Services offered by MCR Partners Pty Ltd, which holds an Australian Credit Licence 531570.

Insolvent Trading & Director Liability

Director Personal Liability Protection — Expert Guidance

Under the Corporations Act 2001, directors have a duty to prevent their company from incurring debts when it is insolvent or likely to become insolvent. A director who allows a company to trade while insolvent may be personally liable for the debts incurred during that period — including compensation claims from creditors and liquidators.

If you are a director of a company that is experiencing financial difficulty, expert guidance may help you understand your obligations, assess your exposure to insolvent trading liability, and determine what steps may be taken to reduce personal risk.

Free consultation. No upfront fees.

Serving businesses across Australia.

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Confidential Case Review

Director Personal Liability Assessment

No Upfront Fees

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Situations Where Expert Advice May Be Required

Insolvent Trading & Director Liability Options

⚠️ Company Showing Signs of Insolvency
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The company is unable to pay debts as they fall due, raising questions about continued trading.

👔 Director Duty Assessment
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Understanding when the duty to prevent insolvent trading is triggered and what obligations apply.

🔒 Safe Harbour Protection
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Accessing the safe harbour defence by developing a restructuring plan that is reasonably likely to produce a better outcome.

⚖️ Liquidator Claims Against Directors
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Responding to insolvent trading claims made by a liquidator against directors of a wound-up company.

🏢 Voluntary Administration as a Defence
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Appointing a voluntary administrator may reduce ongoing director liability exposure for insolvent trading.

📋 Director Records & Documentation
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Maintaining proper records of decisions made during financial distress to support a defence if required.

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Directors who continue trading while insolvent may face personal liability for company debts — early advice is critical.

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⚠️ When Directors Seek Expert Advice

Situations That May Require an Urgent Review

The company cannot pay its debts as and when they fall due

Directors are unsure whether continued trading is lawful

A liquidator has been appointed and is investigating director conduct

A claim for insolvent trading compensation has been received

Directors want to understand their personal exposure and available defences


A professional consultation may help directors understand their liability exposure and the options available to reduce personal risk.

4.9 / 5.0 Rating. Proven Track Record

No Surprises, Just Results

20+ Years Experience

Work with registered practitioners who have years of experience handling ATO issues, creditor disputes, and formal restructuring processes.

Trusted by Businesses

Helped 113+ companies navigate financial distress, ATO pressure, and restructuring with clarity and confidence.

Reduce your Tax Debt by up to 70%

Through a transparent Legislated Government Program within 3 months. On average, we save more than 70% of the total tax debt amount.

Urgent Help When It Matters

ATO deadlines and creditor demands don't wait. Get urgent advice when your business needs it most.

Comprehensive Coverage

From ATO disputes to voluntary administration and DOCA — comprehensive support across all restructuring options.

Dedicated Practitioners

Direct access to licensed experts — not a call centre. Real advice for your real situation.

Transparent Legal Process

The Small Business Restructuring (SBR) program is a Legislated Government Program. We explain every step in plain English so you always know what’s happening.

📞 What Happens After You Submit

Clear guidance. No pressure.

Intake team reviews your submitted director and company information

Practitioner evaluates insolvent trading exposure and available defences

Follow-up may occur to gather additional documentation

Options are explained clearly

You decide how to proceed — no obligation


Free consultation. Confidential review.

Concerned About Insolvent Trading Liability?

Understand Your Obligations and Your Options

Free consultation. No upfront fees.

Reviews

Real Stories From Clients We’ve Helped

Honest Advice Through Voluntary Administration

We explored Voluntary Administration as an option and the practitioner was upfront about what it involved, the costs, and the likely outcomes. No sugarcoating — just honest, practical advice. That's exactly what we needed.

Linda & Rob P. , SA, Hospitality Business Owners

Multiple Creditor Pressure — Still Trading

Our business was under serious creditor pressure from multiple suppliers at once. The restructuring specialist helped us negotiate settlements with each creditor and set up a manageable repayment plan. We're still trading today.

James T., QLD, Manufacturing Director

Garnishee Notice Lifted

Our BAS had been overdue for over a year and the ATO had issued a garnishee notice on our bank account. The specialist we were matched with had it lifted within days and helped us get back on track with a payment plan.

Michael C., Transport Business Owner, WA

Director Penalty Notice Resolved

I received a Director Penalty Notice and had no idea what it meant or what to do. Within 24 hours of submitting my details, I was speaking with an insolvency specialist who walked me through my options clearly. The process was stress-free.

Sarah M, VIC, Retail Business Owner