Cash or collapse: how administrators can block ATO garnishee notices

Trevor Withane of Ironbridge Legal uses Hudson Global Resources to highlight a practical path for Australian administrators to protect trading cash from an ATO s 260-5 garnishee notice during voluntary administration, with the NSW Supreme Court holding that while passive receipt of payments is not “enforcement” under s 440B, s 447A can be used to suspend the notice’s practical effect where continued remittances would undermine a going-concern outcome.

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