Specialist advisory · Part 5.3B Corporations Act 2001 · Established practice
S SBR Advisory
Restructuring Specialists

A specialist restructuring practice

Small Business Restructuring, by specialists.

A focused advisory practice helping eligible Australian companies restructure under Part 5.3B of the Corporations Act 2001 — efficiently, confidentially, and without losing control of the business.

About the framework
§ Confidential intake § 60-second qualifier § No-obligation strategy call
$1MStatutory debt cap
35Business-day process
50%+Creditor vote threshold
2021Framework introduced

How Small Business Restructuring actually works.

SBR is a 35-business-day statutory process. A registered Small Business Restructuring Practitioner is appointed to oversee the plan, but the director remains in day-to-day control of the business. During the proposal period, the director (with the practitioner's support) develops a restructuring plan and puts it to creditors.

If creditors representing more than 50% by value of admitted debt vote in favour, the plan binds all unsecured creditors — including the ATO. Debts are settled at the cents-in-the-dollar agreed in the plan, and the company continues trading.

The framework is designed for incorporated businesses with under $1 million in liabilities (excluding employee entitlements). Lodgments must be substantially current; employee entitlements current at appointment.

"It is a deliberately light-touch process — designed to be accessible to owner-managed businesses without the cost or complexity of Voluntary Administration." — Treasury, on the introduction of Part 5.3B.

Illustrative engagement

How an SBR engagement typically unfolds.

An incorporated services business with $740,000 in unsecured debt — predominantly ATO arrears across PAYG and GST — engages the firm. BAS lodgments are 4 months behind. Wages and super are current. The business continues trading and is marginally cashflow-positive ex-debt service.

$740KUnsecured debt
~4 wksRemediation phase
35 daysStatutory process
~25¢Indicative cents in $

Phase one is remediation — bringing BAS lodgments up to date so the eligibility criteria are met. Phase two is the formal Part 5.3B process: plan drafting, creditor notification, vote, implementation. Director remains in control throughout. Outcome: company continues trading, debt settled at a fraction of face value.

Illustrative only. Outcomes depend on individual circumstances and creditor positions. Eligibility cannot be guaranteed without detailed review.

Find out where your business stands.

Six plain-English questions. Two minutes. Personalised result with a recommended next step — strong candidate, borderline, remediation, or alternative framework.

Frequently asked.

How does SBR differ from Voluntary Administration?

SBR is shorter, cheaper, and the director keeps day-to-day control of the business. Voluntary Administration appoints an administrator who takes over management. SBR is capped at $1M unsecured debt; VA has no cap.

What if my BAS is behind?

Lodgments need to be "substantially current" at the time of appointment. In practice, behind-lodgments that can be brought up to date before appointment do not disqualify you. We commonly handle this in a pre-appointment remediation phase.

Does SBR remove personal guarantees?

No. Personal guarantees survive any restructuring, administration, or liquidation. SBR addresses company debts. Personal guarantees require a separate strategy.

Is the initial assessment free?

Yes. The 60-second qualifier and the 30-minute strategy call that follows are free and confidential. Any subsequent engagement is quoted upfront.