Insolvency Explained: A Plain-English Glossary of Australian Insolvency Terms

A plain-English guide to Australian insolvency terms, written for business owners, directors, and anyone trying to make sense of what's happening to a company.

Not legal or financial advice.

Fundamentals

The core concepts behind Australian insolvency — what it means for a person or company to be insolvent, who steps in when they are, and the regulators that supervise the process.

Insolvency is when a person or company can't pay their debts on time. It's not about how much you owe overall (you might own valuable assets); it's specifically about not being able to meet payments as they come due.

Restructuring

Australian corporate restructuring covers voluntary administration, Deeds of Company Arrangement, safe harbour, Small Business Restructuring, and the receivership processes used by secured creditors.

Voluntary Administration is when a struggling company hands the keys to an independent administrator. That person takes control, looks at the books, and works out whether the business can be saved, sold, or needs to be wound up. The aim is to get creditors a better result than immediate liquidation would.

Liquidation

The four routes a company can be wound up in Australia: creditors voluntary liquidation, members voluntary liquidation, court-appointed liquidation, and provisional liquidation.

Creditors' Voluntary Liquidation (CVL) is when the directors of an insolvent company accept that the business can't continue and call it themselves. Shareholders pass a resolution to wind up, and creditors get a say in who is appointed liquidator.

Enforcement

The notices and orders creditors use to compel payment in Australia — statutory demands, winding up orders, director penalty notices, garnishees, and the personal-insolvency equivalents.

Statutory Demand is a formal letter from a creditor demanding payment of a debt within 21 days. Ignore it and the company is presumed insolvent, which gives the creditor grounds to apply to the court for a winding up order. It's a serious document, not a polite reminder.

Individuals

Personal insolvency and bankruptcy in Australia: bankruptcy itself, debt agreements, personal insolvency agreements, the Part IX and Part X processes, and how a bankruptcy ends.

Bankruptcy applies to individuals rather than companies. If a person can't pay their debts, they (or a creditor) can have them declared bankrupt. A trustee then takes over their financial affairs, can sell certain assets, and distributes the proceeds to creditors. After three years (usually), most remaining debts are wiped.

Rights and priorities

Who gets paid first when a business collapses in Australia — the priority order between secured creditors, unsecured creditors, employees, and the safety nets that protect workers.

Fair Entitlements Guarantee (FEG) is a government safety net for workers whose employer goes under. If a company is liquidated or the owner goes bankrupt and can't pay what's owed (wages, leave, redundancy), FEG steps in to cover most of those entitlements.

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