Share on LinkedInShare on LinkedIn

ARTICLE · 02 OCTOBER 2020

COVID-19 insolvent trading moratorium is expiring

A company director who chooses to trade-on past the 31 December 2020 has no retrospective insolvent trading protection.

AustraliaInsolvency/Bankruptcy/Re-Structuring

Directors: ignore the 31 December deadline at your peril!

The advent of COVID-19 pandemic saw Australia's insolvent trading laws relaxed in March this year. In essence, legislation was put in place suspending provisions that would otherwise hold directors to account for trading while insolvent. Initially these relaxed laws were to expire in September 2020, but recently that protection was extended until 31 December 2020.

Undoubtedly the legislation achieved what it had intended—It ensured directors did not feel pressured to prematurely appoint external administrators and close the doors through fear of insolvent trading exposure.

But as regularly is the case: the devil is in the detail.

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

See more popular content from