SBR Australia
SBR Briefing · A plain-English guide to Australia's $1M restructuring framework

Australia's Small Business Restructuring framework, explained

The $1 million lifeline most Australian directors have never heard of.

Introduced in 2021, Small Business Restructuring (SBR) lets eligible companies compromise unsecured debts — including ATO arrears — while directors stay in control. It's faster and cheaper than Voluntary Administration. Most companies that qualify never use it, because they don't know it exists.

Read the guide

What SBR is, in one paragraph.

Small Business Restructuring (Part 5.3B of the Corporations Act 2001) is a 35-business-day process during which a director, supported by a registered Small Business Restructuring Practitioner, proposes a plan to creditors that compromises the company's debts. If creditors representing more than 50% by value of admitted debt vote in favour, the plan binds all unsecured creditors — including the ATO. The company keeps trading, the director stays in charge, and the debts are settled at whatever cents-in-the-dollar the plan provided.

Most companies that qualify for SBR never use it — because nobody told them it exists.

SBR was a deliberate response to the 2020-21 economic shock. The legislators wanted a restructuring tool that didn't require companies to hand control to an external administrator, and didn't cost the $80,000+ that Voluntary Administration typically does. The result is a lighter-touch framework, designed for owner-managed businesses with under $1 million in debt.

Who qualifies (and who doesn't).

The statutory criteria are deliberately narrow:

  • Incorporated. Pty Ltd only. Sole traders, partnerships and trusts can't access SBR — they have different pathways.
  • Total liabilities under $1 million. Excludes employee entitlements. The cap is hard.
  • Lodgments substantially up to date. BAS, tax returns. Doesn't have to be paid — just lodged.
  • Employee entitlements current. Wages and super up to date at the time of appointment.
  • Insolvent or likely to become insolvent. The legal test, not just feeling stressed.
  • No prior SBR or simplified liquidation in the last 7 years — by the company or any of its directors.

Each of these can have nuance — for example, "substantially current" lodgments is interpreted in practice with some flexibility, and arrears that are fixable before appointment don't disqualify you. The 60-second qualifier walks you through it.

How SBR compares.

Most directors only learn about restructuring once they're already in crisis — at which point the comparison usually narrows to two or three options. Here's the simplified version:

Feature
SBR
Voluntary Administration
Liquidation
Debt cap
$1M unsecured
No cap
No cap
Director control
Retained
Lost (admin appointed)
Lost (liquidator appointed)
Typical timeframe
~35 business days
25–35 business days then DOCA
6–18 months
Business continues
Yes
Possibly (via DOCA)
No — wound up
Director liability cleared?
Personal guarantees survive
Personal guarantees survive
Personal guarantees survive

The honest summary: SBR is materially cheaper and faster than VA, and far less destructive than liquidation — if you qualify. If you don't, the next-best option depends entirely on your circumstances. There's rarely one right answer.

The 60-second test.

You don't need documents. You don't need to identify yourself. Just answer six plain-English questions and the qualifier returns a position — strong candidate, borderline, remediation needed, or a different pathway. Every result has a recommended next step.

Key terms, briefly.

SBR (Small Business Restructuring)
The Part 5.3B process under the Corporations Act 2001. Cap: $1M unsecured.
BAS
Business Activity Statement. The form lodged with the ATO each quarter (or month) reporting GST and PAYG.
DPN (Director Penalty Notice)
A letter from the ATO making a director personally liable for unpaid PAYG, GST or super. Two flavours: "standard" 21-day, and "lockdown" (automatic personal liability when BAS was 3+ months overdue at issue).
Safe Harbour
Section 588GA protection allowing directors to trade out of difficulty without insolvent trading liability — provided certain conditions are met.
DOCA
Deed of Company Arrangement. The agreement that comes out of a Voluntary Administration when creditors vote in favour of continuing the company on agreed terms.

Find out if your business qualifies.

Six questions. Plain English. No documents. Personalised result with recommended next step.