NEWS & INSIGHTS
Spotlight on projects: Wexted continue active Safe Harbour presence
In our recent article, Spotlight on Projects: Breadth of Capability and Experience we covered a selection of 2025 Wexted appointments across all services.
FOCUS ON SAFE HARBOUR
Our Safe Harbour Edition of the Turnaround included a series of stories about contemporary Safe Harbour issues, and we had particular positive feedback on the following stories:
In the Beginning: The Genesis of the Safe Harbour Law
The manner in which the Safe Harbour Law developed, the associated consultative processes and the ultimate form of the legislation adopted, will be instructive as the reform agenda continues.
Are we making a Difference? Safe Harbour and a Growing Up Moment for Restructuring
In her role as Chair of the Review Panel in late 2021, Genevieve Sexton led the interrogation of the Safe Harbour Law. In this PodCast hear the real outcomes of the review, and the changing mindset of Boards
Are you appropriate? AQE options and issues
What are the range of factors a Board - or their advisors - should consider in seeking an AQE who will be regarded as ‘Appropriate’?
The Better Outcome: What do we need to look for?
Assessing what is reasonably likely to be a Better Outcome is subject to scrutiny. What is the importance of modelling to ensure going-concern and sustainability? What shape does the counterfactual assessment take, and what have our experiences told us is necessary?
Safe Harbour, NFP’s and the ACNC Act
The Australian Charities and Not for Profits Commission Act and its related Governance Standards impose different requirements to the Corporations Act. Are NFP directors eligible for Safe Harbour Protection?
Safe Harbour Projects and Experience
Our recent Safe Harbour Projects give us access to a range of different industries and provide the opportunity :
| INDUSRTY | ROLE | COMMENTS |
Hospitality  | Safe Harbour to Licensed Club Group | Maintain governance processes during material refinancing, management changes, and oversee Member Meetings relating to the disposal of non-cire assets. |
Logistics  | Safe Harbour to Commercial Service/ Supply Chain provider | Understand post-Covid challenges, ensure eligibility in face of specific employee litigation issues, maintain board stability during renewal of banking facilities and going concern assessment |
Mining  | Safe Harbour to Coal Mining Operato | Provide assurance during period of sustained commodity price pressure and material contractual challenges, assist with broader restructuring options |
Renewables  | Safe Harbour to Concentrated Solar operator | Work with business to ensure funding options from associates, ARENA and US capital markets will be sufficient for long term growth plans |
Housing  | Safe Harbour Home Builder | Provide Joint Venture Partners with stability during privatisation of significant home builder, to ensuring funding is maintained without dispute |
Technology  | Safe Harbour to Robotics business | Ensure capital raising processes are sufficient to fund operations, assist with efficiency initiatives, ensure unsecured debts are within funding constraints |
Manufacturing  | Health and Wellness manufacturing business | Assist owners with understanding funding requirements while efforts to dispose of business operations continue |
While all these roles differ, they share common features, which are that the Safe Harbour Law provides a foundation for operations to be responsibly maintained during periods of uncertainty, to maximise the outcome for creditors and other stakeholders alike.
Wexted Advisors
- Specialise in Restructuring and Insolvency appointments across all disciplines
- Are market leaders in providing Safe Harbour advice to ASX Listed and significant private entities
- Have practitioners in Sydney, Melbourne and Brisbane
- Our experience permits us to engage in a range of Special Situations Appointments
- Differentiate around complete independence, efficiency and cost effectiveness
Our Leadership
SYDNEY
Andrew McCabe
Partner
SYDNEY
Chris Johnson
Partner
MELBOURNE
Chris Sequeira
Partner
BRISBANE
Rebecca Wilson
Director
Small Business Restructuring
SYDNEY
Jessie Wang
Director
Our Locations
Published 16th September 2025
By Joseph Hayes
Partner