Do I need to come into the Sydney office?

Usually not. Most preliminary assessments are completed by phone and email because a practitioner first needs your lodgement position, creditor listing and any notices you have received. If an in-person meeting is appropriate, arrangements can be discussed when you call.

Which court hears winding-up applications against NSW companies?

Applications to wind up a company are heard in the Supreme Court of New South Wales or the Federal Court of Australia. A creditor that has served a statutory demand and not been paid or set aside within the statutory period can apply to either. Once an application is filed the options narrow considerably, so the time to act is before the return date.

Is Small Business Restructuring only available in Sydney?

No. Small Business Restructuring is a Commonwealth process under Part 5.3B of the Corporations Act 2001 and operates identically in every state and territory. The eligibility tests, timeframes and creditor voting rules do not change with location.

Does an ATO debt get treated differently in NSW?

No. The ATO administers director penalties and recovery action federally, so the same rules and timeframes apply wherever the company is registered. What varies in practice is the court in which any recovery proceedings are brought.

Restructuring help for company directors

Practical guidance for directors dealing with ATO arrears, trade debt or statutory demands. Based in Sydney, we connect companies with registered liquidators who can assess whether Small Business Restructuring is available.

Call (02) 8111 6600 Request a Call Back

What Sydney directors usually come to us with

The pattern is consistent. Lodgements have slipped a quarter or two, the ATO has moved from reminder letters to firmer action, and a Director Penalty Notice has arrived at the director's home address — often at an address ASIC has on file from years ago, which is why some are never read in time. By the time someone calls, the question is rarely whether there is a problem. It is how many days are left.

Sydney's cost base makes one variant of this more common than elsewhere: a business that trades profitably at the gross line but cannot carry a CBD or inner-suburban lease alongside accumulated arrears. That is the case Part 5.3B was designed for — the business is viable, the balance sheet is not. Where it is genuinely the other way around, restructuring is the wrong instrument and a practitioner will say so.

Where the deadlines actually run

Two clocks matter most. A standard Director Penalty Notice gives 21 days, and that period cannot be extended by agreement with the ATO — an informal payment arrangement does not remit it. A statutory demand gives 21 days to pay or to apply to set it aside, after which the creditor may apply to wind the company up. In New South Wales those applications are heard in the Supreme Court of New South Wales or the Federal Court of Australia.

If either clock is running, call rather than email. The guides below explain the mechanics, but a document with a date on it is worth a conversation.

A notice with a date on it

If a Director Penalty Notice, statutory demand or winding-up application is already on foot, use the urgent line. The periods are statutory and cannot be extended by agreement.

Urgent line (02) 8111 6666

Start with these guides

Common questions

Do I need to come into the Sydney office?: Usually not. Most preliminary assessments are completed by phone and email because a practitioner first needs your lodgement position, creditor listing and any notices you have received. If an in-person meeting is appropriate, arrangements can be discussed when you call.
Which court hears winding-up applications against NSW companies?: Applications to wind up a company are heard in the Supreme Court of New South Wales or the Federal Court of Australia. A creditor that has served a statutory demand and not been paid or set aside within the statutory period can apply to either. Once an application is filed the options narrow considerably, so the time to act is before the return date.
Is Small Business Restructuring only available in Sydney?: No. Small Business Restructuring is a Commonwealth process under Part 5.3B of the Corporations Act 2001 and operates identically in every state and territory. The eligibility tests, timeframes and creditor voting rules do not change with location.
Does an ATO debt get treated differently in NSW?: No. The ATO administers director penalties and recovery action federally, so the same rules and timeframes apply wherever the company is registered. What varies in practice is the court in which any recovery proceedings are brought.