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ARTICLE · 29 MAY 2019

Illegal phoenix activity – government determined to expand crackdown efforts

Article explains and discusses illegal phoenix activity including the cost of it, involvement by ASIC, reforms etc.

AustraliaInsolvency/Bankruptcy/Re-Structuring

Have you ever been owed money by a company, but when you attend to calling in your debt, the company suddenly has no assets and has been deregistered?

This is a trick of the trade where a new company is registered to take over an insolvent or failed company. This can be legal, where the directors have genuinely managed the business responsibly, but the business has failed and an external administrator becomes involved.

However, illegal phoenix activity is where a company is deliberately stripped of assets and deregistered to avoid paying creditors and having the company's assets liquidated to pay creditors. Of particular concern is the use of serial deliberate insolvency as a business model to avoid paying company debts.

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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.

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