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ARTICLE · 19 NOVEMBER 2012

Seven Insolvency myths and misconceptions debunked

The article explains seven common myths relating to insolvency for directors and businesses in Australia.

AustraliaInsolvency/Bankruptcy/Re-Structuring

Insolvency Myth #1 – The ATO get priority for tax debts

This is one which we still hear quite often, despite the Australian Taxation Office's (ATO) priority ceasing in 1993! Since then all debts due to the ATO rank equally with other unsecured creditors.

The only claim for which the ATO has a priority is in respect of unpaid superannuation guarantee charge.

Insolvency Myth #2 – Insolvency practitioners always get paid first

Contrary to what some believe, insolvency practitioners don't always get paid first, and often we don't get paid at all!

In court liquidations and bankruptcies, petitioning creditor's costs rank ahead of most other claims including an insolvency practitioner's remuneration. The extent of secured creditors in an administration will also have a bearing on the funds available to meet remuneration.

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