Services Construction industry in the firing line as ATO flexes its new(ish) muscles

Construction industry in the firing line as ATO flexes its new(ish) muscles

At BRI Ferrier, we have extensive experience in achieving successful recovery outcomes through voluntary administration and DOCA. From appointment to resolution, from impartial voluntary administration to small business restructuring, BRI Ferrier aims to revive financially distressed businesses and restore order.

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What Voluntary administration means

Voluntary administration is a formal restructuring process designed to give financially distressed companies the opportunity to stabilise, restructure, and maximise their chances of continuing to trade.

A company may appoint an independent, external administrator when it is insolvent or likely to become insolvent. Once appointed, the administrator takes control of the company, creating an immediate pause on most creditor action while the business’s future is assessed.

This isn’t necessarily the end.

With the right expertise, voluntary administration meaning changes. Voluntary administration becomes a rescue, designed to preserve as much of the business as possible.

If you’re considering voluntary administration vs liquidation, need expert advice on business restructuring, or want more information about safe harbour laws, BRI Ferrier provides the support you need for a second chance.

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As a leading provider of company voluntary administration, BRI Ferrier can give you breathing

    Formal appointment as Australian voluntary administrator

    We take control of the company, liaise with directors, creditors, financiers, suppliers and other stakeholders, and assess whether the business can be saved, restructured or should be wound up.

    Preparation of business viability reviews and restructuring plans

    From independent business reviews to financial analysis, operational assessments, and strategies designed to restore solvency or optimise outcomes under distress, BRI Ferrier has extensive experience.

    Restructuring management via DOCA

    As your voluntary administrators, we’ll negotiate with creditors, tailoring repayment or restructuring terms that work for all parties, and helping the business continue trading where viable.

    Implementation of informal turnaround or stabilisation arrangements:

    We aim to reduce the severity of the financial fallout through cash flow stabilisation, creditor negotiations, moratoria or repayment plans, asset‑divestment strategies, and operational restructuring.

    Insolvency and liquidation support if recovery isn’t feasible

    Acting as liquidator or business insolvency practitioner, we can manage asset realisation and creditor claims in an orderly way.

    Voluntary Administration Process

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    Appointment of a voluntary administrator.

    The company’s directors (or a secured creditor) formally appoint BRI Ferrier as an independent administrator when the company is insolvent or likely to become insolvent.

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    Administrator takes control & investigates

    We assume control of the company’s affairs, review the finances, operations, debts and assets, and prepare a report assessing viability or recovery options.

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    First Creditors Meeting

    Within a few business days, we will hold an initial meeting with creditors to outline the situation, gather claims, and form a committee of inspection.

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    Administrator’s report and proposals for what’s next.

    Based on the investigation, the administrator may propose: a formal restructure agreement (known as DOCA), returning control to directors, or winding up the company.

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    Second creditors’ meeting to decide company’s future.

    Within 25-30 business days of appointment, a second meeting is held. The creditors vote on the proposal: DOCA or liquidation.

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    Outcome implemented.

    If a DOCA is accepted, it’s signed and the company tries to trade under the new arrangement. If liquidation is chosen, or DOCA fails, the company is wound up, assets sold and creditors paid out as far as possible.

    When Voluntary Administration May Be Appropriate

      Voluntary administration is often suitable for otherwise viable businesses experiencing financial pressure due to:

      Significant bad debts

      Loss of a major contract

      Legislative or regulatory changes

      A one-off catastrophic event

      Withdrawal of financier support

      Temporary cash flow constraints

      It can also be used as a strategic tool where a company needs to restructure operations, exit unprofitable divisions, or reposition its business model. The appointment of a voluntary administrator provides breathing space, which allows the business to operate without creditor pressure while a recovery strategy is developed.

      Keys to a Successful Outcome

        Successful voluntary administrations are built on early identification of financial distress and a realistic assessment of whether the underlying business remains viable. There is little benefit in pursuing restructuring if the business model itself cannot sustain recovery.

        A carefully developed restructuring strategy that addresses the root cause of cash flow difficulties, combined with clear communication with stakeholders, significantly increases the likelihood of achieving a Deed of Company Arrangement (DOCA) and preserving value.

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        Why Companies Trust BRI Ferrier

        How BRI Ferrier Makes Voluntary Administration for You.

        Business-First

        Our primary focus is always on business recovery.

        Tailored, Actionable Plans

        No templates. We design restructuring strategies specific to your business. 

        Proven Track Record

        Years of experience in protecting directors, rescuing businesses, and delivering commercial outcomes.

        We focus on what it delivers for you.

        Without BRI Ferrier

        Without BRI Ferrier

        Personal liability exposure

        Without BRI Ferrier

        Creditor pressure & no breathing room

        Without BRI Ferrier

        Fragmented advice, no clear plan

        Without BRI Ferrier

        Business value erosion

        Without BRI Ferrier

        Loss of control to administrators

        With BRI Ferrier

        With BRI Ferrier

        Directors shielded from insolvent trading claims

        With BRI Ferrier

        Negotiated standstills, time to restructure

        With BRI Ferrier

        Single team: legal, financial, operational alignment

        With BRI Ferrier

        Focused on value preservation & recovery

        With BRI Ferrier

        Directors stay in charge of their business’s future

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        Contact BRI Ferrier Today

        Get Protected. Take Back Control. Start Now.

        • Book a confidential Voluntary Administration Assessment
        • Rapid review of your financial position
        • Clear advice on your eligibility and next steps
        • Peace of mind that you’re protected while options are explored

        “One conversation with BRI Ferrier could be the difference between losing everything… and turning things around.”

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        Construction industry in the firing line as ATO flexes its new(ish) muscles

        Dec 4, 2013

        In an article published by the Master Builders Association in the October/November 2013 issue, Costa Nicodemou, Head of Property and Construction at BRI Ferrier Sydney, discusses the new director penalty notice (DPN) regime and how it can affect businesses in the construction industry.