News & Insights

As companies increasingly turn to the Safe Harbour provisions under section 588GA of the Corporations Act 2001, the role of the Appropriately Qualified Entity (AQE) is gaining prominence. One of the issues of contention in the Safe Harbour Panel Review was the identity of the advisors, and their ‘appropriateness’ to undertake that task. What are the range of factors a Board - or their advisors - should consider in seeking an AQE who will be regarded as ‘Appropriate’?

31ST JUL 2025

In this episode of The Turnaround, we sit down with Genevieve Sexton, Chair of the Safe Harbour Review Panel, to explore the evolution of Australia’s Safe Harbour regime. Genevieve shares insights from the 2021 review — from navigating a wide spectrum of submissions to shaping key recommendations and pushing for meaningful reform. We discuss the role of Safe Harbour as a governance tool, the changing mindset of company boards, and whether the law is delivering the impact it promised.

30TH JUL 2025

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. We revisit some of the enquiries, papers and public work that gave rise to the Safe Harbour we work with today.

30TH JUL 2025

When the Safe Harbour is ultimately tested, what is ‘reasonably likely’ to be a Better Outcome will be subject to significant scrutiny. How much does the AQE need to do, and what is the importance of medium and long-range modelling to ensure going concern and sustainability? What shape does the counterfactual assessment take, and what have our experiences told us is necessary?

30TH JUL 2025

In this article we explore the interplay between the duty to prevent trading an organisation whilst it is insolvent, the protections of the Safe Harbour regime, and Australia’s NFP sector.

29TH JUL 2025

When considering the commencement of a Safe Harbour process, the suspicion of financial distress requires an assessment of the warning signs for insolvency.

29TH JUL 2025

With the rise in Safe Harbour awareness and appointments, there is an increase in Insolvency Practitioners potentially acting Appropriate Qualified Entities and finding ways to subsequently consent to act as voluntary administrators. We unpack that issue.

18TH JUL 2025

Obtaining insolvent trading protection under safe harbour (Section 588GA), prior to a Small Business Restructure is possible, although directors should obtain advice and ensure the plan under safe harbour is reasonable.

18TH JUL 2025

The Small Business Restructuring (SBR) regime is gaining traction and momentum, as confirmed in the latest review by ASIC Report 810: Review of small business restructuring process 2022–24. Following the tepid uptake in the first 18 months from its inception (as outlined in ASIC’s earlier Report 756), this latest review shows the regime is now playing an important and growing role in assisting distressed small businesses.

18TH JUL 2025

We have a number of great new PodCasts under production!! Here is just a sample of the topics you can expect from us during July and August, all of which touch on the links between business and restructuring and topics of relevance to our work and clients.. Stay posted for our new Podcasts, coming in July 2025:

24TH JUN 2025

In our latest Turnaround, Wexted Melbourne Partner Chris Sequeira joined the Accountants Daily podcast Under the Hood to unpack the current insolvency landscape. He discussed emerging trends, sector-specific challenges, and the key indicators of financial distress that businesses—and their advisors—should be watching closely.

24TH JUN 2025

Wexted Advisors is a national restructuring practice, and our wonderful people have worked on a range of interesting matters, in different sectors demonstrating our broad capability and coverage. See some of our recent appointments here:

30TH MAY 2025

Speedbump ahead: In a recent Queensland Case, the Court turned its attention to the terms of a Voluntary Administration funding deed, along with Committee of Inspection formation and representation, showing how the Court can assist in ensuring there is flexibility in difficult, multi stakeholder situations. There are clear and positive messages for Administrators:

30TH MAY 2025

Wexted Melbourne Partner Chris Sequeira features on 'Accountant’s Daily' Podcast ‘Under the Hood’. Australian businesses are being challenged in the current market and Chris shares his perspective on what can be expected, the changing nature and preference for different types of formal insolvency appointments, current challenges across key sectors, the ATO’s debt collection activities, and key warning indicators to help identify financial distress (insolvency).

30TH MAY 2025

In this episode of The Turnaround, Wexted’s Joe Hayes sits down with Tim L’Estrange, one of Australia’s most respected arbitrators and mediators, for a wide-ranging conversation on the evolving nature of The Social License. From the accelerating influence of AI to the shifting expectations of consumers and stakeholders, Tim shares insights on how businesses must adapt — or risk falling behind. They duo unpack the continued power of mediation, for dispute and insolvency, and why, sometimes, all you need is an orange.

30TH MAY 2025

As many practitioners have observed, the Australian Tax Office (ATO) appears to have hardened its stance on debt recovery actions, issuing guidance in April 2025 about aspects of the Small Business Restructuring (SBR) Regime that focus on compliance, related parties and public interest. This attention has implications for SBR Practitioners and clients, as Jessie Wang explains:

29TH MAY 2025

We have a new Government, but do we have the leadership to achieve long and lasting change? Measuring and reporting on change – as a consultant and advisor – that’s easy.  Some businesses have reams of reports on strategy and change but implement none of them.  I have seen businesses with multiple different governance and strategy reports and... considering more.  But how do you go about making real change from inside a business?  This is a question that in 2025 we will get asked more and more!

12TH MAY 2025

Wexted were appointed Court Receivers of certain Trustee entities and assets of the PeakInvest Hotel Group in late 2021. Although the Hotel Assets were sold quite quickly, the final distributions to investors could not be made until far more recently. In this article we dive into the background and outline some of the issues involved in selling assets and resolving investor returns, in complex stakeholder situations

5TH MAY 2025

In this episode of The Turnaround Joe Hayes and ARITA CEO John Winter discuss accomplishments, tensions and the power of ethical advocacy.

5TH MAY 2025

The Reserve Bank of Australia (RBA) has recently published its biannual Financial Stability Review (FSR), which includes comprehensive analyses on the current rise in company insolvencies and its implications for financial stability. We have summarised the key points from the FSR with our observations in this article.

1ST MAY 2025