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Safe Harbour

Safe Harbour can protect directors from personal liability for insolvent trading while they develop and pursue a course of action that is reasonably likely to lead to a better outcome for the company than an immediate administration or liquidation.

What it can mean for you

  • Aiming to avoid an unnecessary insolvency appointment.
  • Potentially continuing to trade while a better outcome is developed.
  • A structured plan, documented properly, with an adviser who acts for you as director.

What has to be in place

Safe Harbour is not automatic. Generally, employee entitlements (including superannuation) need to be paid as they fall due, and tax lodgement obligations need to be met. Directors also need to be actively developing — and then taking — a course of action reasonably likely to lead to a better outcome.

Whether Safe Harbour is available in your situation depends on the facts. We work through those with you before anything else.

The information on this website is general in nature and does not constitute legal, financial or tax advice. Every situation is different; speak with us about yours.

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A steady conversation, in confidence.