In this episode of Explain That by Velocity Legal, host Andrew Henshaw is joined by insolvency and restructuring Director Seamus Ryan to unpack what insolvent trading is, how claims arise in practice, and what directors should be doing when a business is under financial pressure.

The discussion covers:

• What insolvent trading is and when directors can become personally liable

• How liquidators assess and pursue insolvent trading claims

• How insolvency is determined and why timing matters

• Common misconceptions, including resignation, intention and small business exposure

• The overlap with ATO debt and Director Penalty Notices

• The impact of COVID and increased ATO enforcement

• Practical steps directors should take when concerns arise

A practical episode for business owners, directors and advisers navigating financial pressure and seeking to manage personal risk.

For tailored advice on restructuring, insolvency risk or director exposure, contact Velocity Legal’s Insolvency team. velocitylegal.com.au/insolvency

International Women’s Day 2026 carries the theme Balancethe Scales, recognising that structural barriers to equality still exist and can be dismantled.

In workplaces across Australia, gender discrimination oftendoes not arise from deliberate misconduct. More commonly, it emerges through unconscious assumptions, informal decision-making and workplace practices thatunintentionally disadvantage women.

In this episode of Explain That by Velocity Legal, host Andrew Henshaw is joined by Employment Director Jess Hill to explore how gender bias arises in workplaces, what the law requires of employers, and the practical steps organisations can take to build fairer and more inclusive environments.

The discussion covers:

• What gender discrimination is under Australian law• The difference between direct and indirect discrimination• How unconscious bias can influence workplace decisions• The employer’s positive duty to prevent discrimination and harassment• Common workplace scenarios where issues arise, including recruitment,promotion and flexible work• Practical steps employers can take to create fair and transparent workplaces

A practical episode for employers, directors and HR professionals who want to foster fairer workplaces while meeting their legal obligations.

For guidance on workplace policies, leadershiptraining and discrimination prevention strategies, contact Velocity Legal’s Employment Team.

While incentivising employees with equity can be powerful. It is not plug and play.

In this episode of Explain That by Velocity Legal, host Andrew Henshaw is joined by Edward Hart from the Commercial team and Archana Manapakkam from the Tax team to examine the commercial and tax realities of implementing Employee Share Schemes.

The discussion covers:

• Why businesses use Employee Share Schemes to align values and retain staff;
• The commercial risks of diluting control and issuing voting rights;

• How tax law treats equity issued at a discount;

• Upfront taxation versus deferred taxation under Division 83A;
• The real risk of forfeiture requirement;
• The startup concession and its strict eligibility criteria;
• Loan-funded share schemes and Division 7A considerations;
• The importance of shareholder agreements and good leaver/bad leaver provisions;
• Why documentation must align across tax and commercial frameworks

A practical overview for founders, growth businesses and established companies considering employee equity as part of a broader incentive strategy.

For tailored advice on Employee Share Schemes, structuring and tax strategy, contact our Commercial and Tax teams at www.velocitylegal.com.au.

A Binding Financial Agreement can be one of the most effective tools for protecting assets in the event of separation. When drafted properly, it allows couples to decide in advance how property will be divided, rather than leaving the outcome to the discretionary framework of the Family Law Act.

In this episode of Explain That by Velocity Legal, host Andrew Henshaw is joined by Thomas Jenkins from Velocity Legal’s Family Law team to examine how Binding Financial Agreements work in practice, when they are enforceable, and why poorly prepared agreements are vulnerable to being set aside.

The discussion covers:

• What a Binding Financial Agreement is and when it can be entered into
• How financial agreements differ from court-determined property settlements
• When agreements may be set aside, including duress, fraud, uncertainty and impracticality
• The risks of signing agreements shortly before a wedding
• How inheritance, family trusts and intergenerational wealth can be protected
• Sliding scale arrangements and changing entitlements over time
• The cost comparison between a Binding Financial Agreement and family law litigation
• Why online templates create significant legal risk

For tailored advice on Binding Financial Agreements or family law risk management, contact our Family Law team at www.velocitylegal.com.au.

This podcast explores the Small Business Restructure Rollover and how it allows eligible businesses to change their structure without triggering immediate income tax consequences. 

In this episode of Explain That by Velocity Legal, host Andrew Henshaw is joined by Tyson Bateman from Velocity Legal’s Tax team to unpack when the Small Business Restructure Rollover applies, why it exists, and how it can be used to correct business structures that no longer suit growing enterprises. 

The discussion covers: 

• What the Small Business Restructure Rollover is and who it applies to 

• The genuine restructure requirement and why it creates uncertainty 

• Ultimate economic ownership and why trusts complicate the analysis 

• When sole traders, companies and trusts can use the rollover 

• Why the rollover can preserve pre CGT status and the 15 year exemption 

• The limits of the rollover including stamp duty and other taxes 

• Why documentation and planning are critical 

A practical episode for business owners, advisers and accountants, considering a restructure and wanting to understand both the power and the limitations of the Small Business Restructure Rollover. 

For tailored advice on business restructures, tax risk and eligibility for the Small Business Restructure Rollover, contact our Tax Team at www.velocitylegal.com.au. 

This podcast explores how well drafted contracts can prevent business disputes before they arise, rather thansimply managing problems after things go wrong.

In this episode of Explain That by Velocity Legal, host Andrew Henshaw is joined by Commercial litigation lawyer, Jess Hill to discuss why many commercial disputes stem from unclear orincomplete contracts, and how careful drafting can reduce risk, cost and uncertainty for business owners.

The discussion covers:

• Why informal or vague agreements often lead to disputes
• Common drafting issues that create uncertainty
• The importance of clearly defining scope, payment and termination
• Why jurisdiction and governing law clauses matter
• How drafting contracts with disputes in mind can avoid arguments about where and how a dispute is resolved

A practical episode for business owners who want their contracts to act as a first line of defence, not just adocument relied on once a dispute has already started.

For tailored advice on contract drafting, dispute prevention and managing commercial risk, contact our Commercial and Disputes Teams at www.velocitylegal.com.au.

This podcast explores why statutory demands are commonly served just before Christmas and how the holiday shutdown can expose businesses to serious insolvency risk.

In this episode of Explain That by Velocity Legal, Andrew is joined by Litigation and Insolvency lawyers, Seamus Ryan and Sasha Kenny to discuss:
• What a statutory demand is and why it is so powerful• Why the twenty one day response period does not pause over Christmas

• How missed deadlines during the holiday period can lead to winding up applications

• Why disputed debts, offsetting claims and defects in the demand matter

• How the Victorian Supreme Court has viewed Christmas statutory demands in recent cases

• When serving a statutory demand over the holidays can backfire for creditors

A timely episode for business owners, directors and advisers looking to avoid unwelcome surprises over the Christmas break.

For tailored advice on statutory demands, insolvency risk and dispute strategy, contact our Disputes and Insolvency Team at www.velocitylegal.com.au.

You’ve been living with your partner for a while now. You split the bills, share a Netflix account, maybe even have a pet together. But here’s the question:

Are you in a de facto relationship – legally? And if so… what does that mean?

In this episode of Explain That, Host Andrew speaks with Family Law Director Shannon Hilton and Senior Associate Rohan Kelly about how courts decide whether a de facto relationship exists, why the two year rule is only part of the test, and how exceptions such as children, substantial contributions and relationship registration can apply.

They discuss:

• common misconceptions about de facto status,
• the threshold issue of proving or resisting a de facto relationship, and
• the consequences once jurisdiction is enlivened.

Listeners will also learn how property settlements are assessed, how spousal maintenance can arise even when assets are limited, and why binding financial agreements remain one of the most effective ways to protect assets when entering a new relationship.

A clear guide for anyone asking am I in a de facto relationship or advising clients about de facto rights and obligations in Australia.

For tailored advice on your entitlements, risks and asset protection, contact our Family Law Team at www.velocitylegal.com.au.

Even with robust processes in place, Fair Work claims can and do arise. When they land, they are invariably disruptive, time-sensitive and resource-intensive. Employers and their advisers must move quickly, understand the procedural requirements and respond in a way that preserves the organisation’s commercial and reputational position.

In this episode of Explain That, Andrew Henshaw is joined by Director Jess Hill and Senior Associate Katherine Stewart to outline the practical steps business owners, HR professionals and advisers should take when confronted with an unfair dismissal or general protections claim.

They discuss:
• The distinctions between unfair dismissal and general protections matters and why the latter carries higher risk
• The strict response timelines and the first actions employers should take
• The documents and evidence required to assess the defensibility of a claim
• How mental health, discrimination and WorkCover issues can complicate the landscape
• What to expect at conciliation and the factors that influence negotiated outcomes
• How to determine whether to defend a claim or resolve it commercially

Whether the claim is relatively contained or presents significant complexity, this episode offers clear and practical guidance to help business owners and advisers respond quickly, mitigate risk and maintain control when a Fair Work claim is made.

For tailored advice on employment disputes, contact the Velocity Legal Employment Team at www.velocitylegal.com.au.

Every employer faces it at some point, an employee who just isn’t the right fit. But how you manage that situation can mean the difference between a clean break and a costly claim.

In this episode of Explain That, Andrew Henshaw is joined by Employment Lawyers Jess Hill and Katherine Stewart to unpack what every business owner and HR manager needs to know about dismissals, performance management and riskmitigation.

They discuss:

·  The difference between performance andconduct-based dismissals

·  How to identify and manage unfair dismissaland general protections risks

·  When to act quickly versus when to follow aslower process

·  How to use show cause letters and transitionpackages effectively

·  The importance of documentation, training andtimely action

Whether you’re managing a “slow burn” performance issue or an urgent misconduct matter, this episode will help you build a strategy that protects your people and your business.

For tailored advice on managing employment risks, contact our Employment Team at www.velocitylegal.com.au.