Insolvent Trading & Director’s Role

Insolvent trading is the law under the Corporations Act section 588G that says that if a company is insolvent and a director allows the company to incur a new debt, then the director can be made personally liable for the new debts incurred. The law makes directors responsible for ensuring that their company does not trade while insolvent.

Insolvent trading is the law under the Corporations Act section 588G that says that if a company is insolvent and a director allows the company to incur a new debt, then the director can be made personally liable for the new debts incurred. The law makes directors responsible for ensuring that their company does not trade while insolvent.

This video outlines the roles and responsibilities of a Company Director while company goes insolvent.

In this video, you will discover the following key points:

  1. Avoid trading whilst insolvent.
  2. What are the powers given to liquidators under the section 588 G of Corporations Act?
  3. A Director may access protection from the consequences of insolvent trading.
  4. A Director has a defence against insolvent trading claims as per Section 588H of the Act.
  5. A Defence will apply to protect a Director from personal liability in an insolvent trading claim.
  6. Safe Harbour option for Directors and its requirements.
  7. Involving a Safe Harbour advisor.
SERVICES

Services

Recent Articles

Sydney, 6 April 2026: Cathro & Partners has today announced the launch of its forensic accounting practice, bringing independent, objective and evidence based financial analysis to complex disputes, investigations and contentious matters. The new practice will combine deep technical accounting expertise with commercial insight to investigate irregularities, quantify loss and

Sydney, 6 April 2026: Cathro & Partners has today announced the launch of its forensic accounting practice, bringing independent, objective and evidence based financial analysis to complex disputes, investigations and contentious matters. The new practice will combine deep technical accounting expertise with commercial insight to investigate irregularities, quantify loss and

Construction insolvencies now represent one of the largest shares of corporate failures in Australia. While the triggers vary, the underlying pattern is often remarkably consistent: tight margins, poorly defined scope, delayed payments, disputed variations and contractors effectively funding projects from their own balance sheets. In this episode of The Cut,

Construction insolvencies now represent one of the largest shares of corporate failures in Australia. While the triggers vary, the underlying pattern is often remarkably consistent: tight margins, poorly defined scope, delayed payments, disputed variations and contractors effectively funding projects from their own balance sheets. In this episode of The Cut,

What the numbers are telling us — and what it means for businesses already carrying structural stress At Cathro & Partners, we deliver financial, strategic, commercial and operational solutions to support businesses and their advisers. Our work gives us a particular vantage point on what is happening beneath the surface

What the numbers are telling us — and what it means for businesses already carrying structural stress At Cathro & Partners, we deliver financial, strategic, commercial and operational solutions to support businesses and their advisers. Our work gives us a particular vantage point on what is happening beneath the surface