Illegal Phoenix Activity

Table of Contents

Share at:

You may have heard of phoenix activity in the news in relation to company fraud cases. It can be very harmful for your business if it happens to you or a company that you work with so it is vital you know all about it.

What is Phoenix Activity?

Phoenix activity, or phoenixing, is the creation of a new company to take over the business of an insolvent company. It is legal when directors have exercised their duties in good faith. As Australia has limited liability for certain companies, directors are nearly always excused from being personally liable for company debts. Therefore directors can continue to run the new company without the debts of the old company. This is of course after the prior company has been liquidated.

When does Phoenixing become illegal?

It is illegal if it is done with the intent of avoiding debts to a company’s creditors. This usually involves moving a company’s assets before the directors hand it over to the external administrator. The new company can benefit from the assets, as they won’t be sold to the prior company’s creditors.

Illegal phoenixing can have large impacts on the former company’s employees as they will not be able to recover lost wages. This can also lead to an unfair advantage for directors that phoenix. To learn more about illegal phoenix activity click here.

Who Regulates Phoenixing in Australia?

Both ASIC and the ATO play key roles in regulating illegal phoenixing in Australia. Both rely on voluntary reporting to assist their inquiry into it in Australia.

How to Protect Myself from Phoenixing?

It is vital you protect yourself as you could lose serious revenue. Make sure you check companies you work with have a registered ABN. Feel free to do a credit check as well to give yourself peace of mind.

Conclusion

As you can see, phoenixing is a key issue that you should consider when starting a new business after a previous one became insolvent or when working with other businesses. Get in touch with a business lawyer for further advice to better protect you and your company.

Unsure where to start? Contact a LawPath consultant on 1800 529 728 to learn more about customising legal documents and obtaining a fixed-fee quote from Australia’s largest legal marketplace

Share at:

Simplify creating legal documents today

Browse through Lawpath's AI tools which can be used to draft, review and refine legal documents today!

Related Articles

What is Genuine Redundancy? (2026 Update)

No longer require an employee to do their job? Learn about genuine redundancy, your employees’ rights, and your business's obligations in this situation.

What is the Difference Between a Public and Private Company?

Which business structure is right for you: public vs private company? In Australia, this depends on several factors. Read our guide to learn more.

Is it Legal to Change an Employee’s Role?

What are the legal implications of changing an employee’s role in Australia? This guide covers your obligations as an employer and employees' rights.

Statistics on Small Businesses in Australia: 2026 Update

Read about all key statistics from 2024 for small businesses in Australia: employment, industries and failure rates.

What Is a Grandfather Clause? Meaning, Examples and Business Uses

Find out everything you need to know about grandfather clauses and the many ways they might impact your day to day business.
Statute of limitations explained in Australian law

What is Statute of Limitations in Australia?

Have you ever wondered whether there is a statute of limitations in Australia? Read this article to find out.