There is concern that insolvency proceedings for businesses will begin to climb as stimulus and other forms of relief end in March 2021. Rolf Howard of Owen Hodge Lawyers discusses how businesses can weather any March cliff and avoid insolvency.
A year ago no one could have predicted or anticipated the length or devastation of COVID-19. Initially, most businesses and employees believed the lockdowns and restrictions would be temporary and business would resume normally before insolvency and loss of employment became the mainstay. But as we are seeing now, our expectations were off the mark.
To date the government has been able to step in and step up, providing programs such as JobKeeper to continue to support both employers and employees. Insolvency laws were temporarily changed allowing businesses protection from creditors and the ceiling on a business’ outstanding debt was temporarily raised to $20,000 before a creditor could secure bankruptcy notices. Commercial rental relief gave businesses rent reductions or deferrals. And, of course, mortgage holidays from the banks gave people some short-term relief. But now, all of these forms of assistance are coming to an end in March 2021 and no extension or replacement is currently forthcoming.
What will this mean for businesses?
With this change of circumstances, Australian businesses now must sink or survive on their own financial accord. There is a concern that insolvency proceedings for small, and larger businesses alike, will begin to climb from March 2021.
Some businesses will be hit harder than others. For example, businesses that count on open borders and freedom of travel. Any future COVID-19 outbreaks will also affect businesses such as restaurants or venues, especially if restrictions are reinstated. Should this happen without government assistance, the rate of insolvency is sure to rise dramatically.
How can businesses weather any March cliff?
If you’re anticipating your business may be significantly affected by the end of government stimulus and other relief in March, there are several things you should do to avoid insolvency.