It has been estimated that about 6,000 phoenix companies operate in Australia, costing government and the community hundreds of millions of dollars per year and impacting on individuals. In August last year, the "Corporations Amendment (Phoenixing and Other Measures) Bill 2012 was passed to give ASIC greater powers and to protect workers entitlements.
Tasks:
1. Provide some background on the issues relating to phoenix companies in Australia:
a. Define Phoenix Activity
b. Discuss the extent of phoenixing activity in Australia and the cost to industry
c. Industries in which phoenixing activity is most prevalent
2. Discuss the key measures contained in the "Corporations Amendment (Phoenixing and Other Measures) Bill and how regulators such as the ASIC, The Fair Work Ombudsman and ATO seek to protect the community from phoenixing activity.
3. How is the Government response to phoenixing activity being coordinated and what measures have been put in place to support workers who are owed certain employee entitlements after losing their job because their employer went bankrupt or into liquidation.
4. General Presentation and Structure