Safe Harbour Protection for Directors
Director Insolvent Trading Defence — Expert Guidance
The safe harbour provisions under the Corporations Act 2001 provide directors with protection from personal liability for insolvent trading while they are developing and implementing a restructuring plan that is reasonably likely to lead to a better outcome for the company than immediate liquidation or administration.
If your company is experiencing financial difficulty and you are considering a restructuring plan, expert guidance may help determine whether the safe harbour defence is available and what steps need to be taken to access and maintain its protection.
Free consultation. No upfront fees.
Serving businesses across Australia.
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Confidential Case Review
Director Liability Protection Planning
No Upfront Fees
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Situations Where Safe Harbour Protection May Apply
Safe Harbour Defence Options for Directors
🔒 Developing a Restructuring Plan
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Directors who are actively developing a plan reasonably likely to produce a better outcome may access the safe harbour.
📋 ATO Lodgement Obligations
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Safe harbour requires the company to be up to date with its tax lodgement obligations to the ATO.
👔 Employee Entitlement Obligations
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Directors must ensure employee entitlements — including wages and superannuation — are being paid.
⚖️ Protection from Liquidator Claims
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If the safe harbour conditions are met, directors may be protected from insolvent trading claims by a liquidator.
🏢 Accessing Appropriate Advisers
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Safe harbour requires directors to seek appropriate financial and restructuring advice during the process.
🔄 Transition to Formal Restructuring
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If the restructuring plan does not succeed, transitioning to Voluntary Administration or SBR may be required.
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Safe harbour protection requires directors to take positive steps — it does not apply automatically to all restructuring situations.
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⚠️ When Directors Seek Expert Advice
Situations That May Require an Urgent Review
The company is insolvent or approaching insolvency
Directors want to continue trading while developing a restructuring plan
Directors want to protect themselves from personal insolvent trading liability
The company's ATO lodgements and employee entitlements are up to date
A restructuring plan is being developed that may lead to a better outcome
A professional consultation may help determine whether safe harbour protection is available and what steps are required to access it.
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.
⚙️ How the Process Works
A structured and confidential evaluation
Submit your director and company details through our secure form.
A practitioner reviews your company's position and safe harbour eligibility.
You receive guidance on accessing safe harbour protection and the steps required to maintain it.
📞 What Happens After You Submit
Clear guidance. No pressure.
Intake team reviews your submitted director and company information
Practitioner evaluates safe harbour eligibility and restructuring plan options
Follow-up may occur to gather additional documentation
Options are explained clearly
You decide how to proceed — no obligation
Free consultation. Confidential review.
Want to Access Safe Harbour Protection?
Understand Your Eligibility and Obligations
Free consultation. No upfront fees.
Reviews
Real Stories From Clients We’ve Helped
ATO Winding-Up Application Dismissed
We were facing a winding-up application from the ATO with less than 3 weeks to respond. The practitioner we were connected with moved quickly, negotiated a payment arrangement, and had the application dismissed. Couldn't have done it without them.
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.
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.
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.