Reduced Corporate Insolvencies: Is It Time to Rejoice?

As published in CK Momentum Issue 6  (Click here to download)

ASIC’S December 2015 insolvency statistics show that corporate insolvencies in the second quarter of the 2014/15 financial year were down 20% on the same period last year.

Associate, Adam Khan, queries whether this is a reason to rejoice or a reason to look ahead with trepidation.

When reviewing the economic outlook for 2015, the Organisation for Economic Co-operation and Development (“OECD”) has pointed to growth over the next year in various major economies. However, it has warned that growth was based on low borrowing costs and low inflation. In other words, the growth might be based on access to easy money rather than business profitability.

The report by the OECD provides one explanation for the reduction in the number of insolvencies. If businesses can more readily borrow money and have access to easy money they must be less likely to become insolvent. There are other explanations why the number of insolvencies might be down, not all of which are positive.

Insolvency is an expensive process to initiate and to follow through. If you are a financier or other creditor, are you more likely in these times to spend money on an uncertain insolvency procedure or are you better off waiting it out to see if there is a turnaround? The reduced number of insolvencies, explained at least in part by a lack of funding from creditors, might suggest a wider lack of confidence in the market.

The reduced number of insolvencies year on year between 2013/14 and 2014/15 might, at first glance, seem like a sign of growth. However, if the real reason is access to easy money, low interest rates and a lack of confidence in the market, it might not yet be time to rejoice.

This bulletin is produced as general information in summary for clients and subscribers and should not be relied upon as a substitute for detailed legal advice or as a basis for formulating business or other decisions. ClarkeKann asserts copyright over the contents of this document. This bulletin is produced by ClarkeKann. It is intended to provide general information in summary form on legal topics, current at the time of publication. The contents do not constitute legal advice and should not be relied upon as such. Formal legal advice should be sought in particular matters. Liability limited by a scheme approved under professional standards legislation. Privacy Policy

Subscribe

…and we’ll email you valuable insights into issues affecting you and your business.

More Insights

ClarkeKann Lawyers Sydney sharpens commercial focus

ClarkeKann Lawyers Sydney sharpens commercial focus

ClarkeKann’s commitment to delivering solution-based outcomes for our clients remains at the centre of our offering. Providing qualified, trustworthy, bespoke legal advice with a particular focus across our core areas of expertise; Agribusiness, Intellectual Property...

read more
The great escape: can the guarantee you signed be enforced?

The great escape: can the guarantee you signed be enforced?

Personal guarantees are extremely common. Chances are, one day you’ll be required to sign one –perhaps as a company director, or maybe as a parent when helping your child obtain finance for their first home. Often such guarantees are provided without much thought,...

read more
Cash Flow is King!

Cash Flow is King!

 As published in CK Momentum Issue 10 (Click here to download) Cash is the fuel that drives business, and many financial analysts consider the condition of a company’s cash flow to be one of the most important indicators of that business’s financial health.  The...

read more