Australia: Corporate and Company Law

As the 2026 financial year draws to a close, accountants and tax advisors face a critical juncture where year-end reporting often reveals hidden insolvency indicators in financially distressed companies. This analysis explores the warning signs embedded in EOFY financials, the personal exposure risks directors face through loan account arrangements, and the importance of early intervention strategies to protect stakeholders and explore restructuring options before a crisis unfolds.

When a company enters Voluntary Administration, one of the administrator's first critical decisions is whether to continue trading the business. This decision involves careful evaluation of multiple factors including business viability, available resources, potential restructuring proposals, and the possibility of selling the business as a going concern.

Australia's new mandatory merger notification regime, effective 2026, fundamentally changes how serial acquisitions and roll-up strategies are regulated by aggregating multiple smaller deals over a three-year period. The Australian Competition and Consumer Commission now examines patterns of incremental consolidation collectively rather than viewing individual transactions in isolation, requiring acquirers to plan earlier and account for the cumulative impact of their acquisition programs.