Asset Protection for Directors

Mar 27, 2023 | Publication

In uncertain economic times, it is important to consider the role of asset protection.

This can be particularly important for directors of companies.

Asset protection means, in simple terms, holding assets in a way that is separate from liabilities or potential liabilities.

Of course it is important to understand where your potential liabilities might arise.

Each person has their own business and other interests which may give rise to liabilities or potential liabilities.

Asset searches including on public registers can determine how and where assets are held.

Directors can have potential liabilities via, for instance, personal guarantees, trading whilst insolvent, tax liabilities and statutory liabilities.

There can be costs of holding assets in particular structures.  There can also be costs of making changes to asset holdings.

It is essential to obtain proper advice regarding your circumstances.  For an obligation free discussion, please contact McAuley Lawyers on (02) 9633 1826 or

Latest Insights

How Vicissitudes Impact Future Economic Loss in Legal Cases

When it comes to calculating future economic loss in legal cases, one concept that often arises is "vicissitudes." But what exactly are vicissitudes, and how do they affect the compensation awarded to plaintiffs? In this article, we'll delve into the definition of...

Can you still make a claim?

Many claims have limitation periods. A limitation period is a set time frame within which an aggrieved person must commence proceedings in a Court. These limitation periods generally commence from the date of the injury and/or incident. Some claims however, such as...

Teacher convicted for failing to report sexual abuse of a child

Teacher, Mr Webb of Trinity College Perth, was unsuccessful in his appeal against his conviction of failing to report sexual abuse of a child in a decision delivered on 13 October 2021. In April 2017, a group of boys from the school went on a school rugby trip to...

Annual Dinner – Parramatta & District Regional Law Society

Western Sydney's legal profession gathered for the Annual Dinner of the Parramatta & District Regional Law Society at CommBank Stadium! We are particularly grateful to Dr Hugh McDermott MP, Parliamentary Secretary to the Attorney General, Senior Vice...

What compensation can I get if I have been injured at work?

If you have a work-related injury or illness, you may be able to claim compensation for lost income, medical expenses, travel expenses, domestic assistance, pain and suffering and permanent impairment. All employers are required to have workers compensation insurance...

Court makes provision for son left out of father’s Will

The recent Supreme Court of New South Wales decision of Rathswohl v Court  NSWSC 356, involved 3 siblings disputing their entitlements to their late father’s estate. The defendant, Yvette, claimed she cared for her father for the last 18 months before he...

If I die without a Will what can happen?

If you die without a Will there can be many unintended consequences. Some of these consequences may be: A person who you do not intend could control your estate.  This could even be someone you do not know.  An executor is a person who controls an estate...