Project Overview
Fraudulent phoenix activity is of great concern to Australian policymakers. It occurs where there is the deliberate liquidation of a company to avoid paying debts but the business continues through another company, and in corporate groups through the liquidation of undercapitalised subsidiaries and transfer of business to other companies in the group. This behaviour causes huge losses in taxation revenue and large financial losses for employees and unsecured creditors. To strengthen Australia’s economic fabric, this project aims to determine the optimal method of dealing with fraudulent phoenix activity through a thorough examination of all of its aspects in Australia and by a comparative analysis of international responses.
Current Status
The Regulating Fraudulent Phoenix Activity project is currently in its third and final stage: making recommendations to deal with harmful phoenix activity and engaging with stakeholders to assist in implementing those recommendations. The report containing the project’s final recommendations was released in February 2017.
Impact Statement
Since the launch of the Phoenix Project, the Phoenix Research Team has been collaborating with key stakeholders. At the request of the…