The Prevalence and Disclosure of Safe Harbour in the ASX

An analysis of recent ASX-listed company insolvencies reveals significant use of Safe Harbour but minimal shareholder disclosure. Emily Seeckts, Phil Quinlan, and Sarah Arnfield discuss their findings, methodology, and some limitation with the available data.

Safe Harbour provisions offer directors of financially distressed companies a temporary reprieve, encouraging proactive efforts to turn the business around without the immediate threat of personal liability for insolvent trading. But how often are these provisions utilised, and how transparent are companies about their status? Our analysis of recent Australian Securities Exchange (ASX)-listed company insolvencies reveals significant use of Safe Harbour provisions among distressed companies,...

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Authors: Emily Seeckts, Phil Quinlan,

Published Date: 13 February 2025