Better Boards Conference 2026
Pathfinders – Governing with Courage
31 July - 1 August • Cairns Convention Centre
Presentation
When Times Are Tough: A Primer on External Administration/Insolvency
Jonathan Teh
Principal, Russell Kennedy
Jonathan regularly presents to Better Boards on NFP governance and strategy.
He assists NFP clients with commercial contracts for business operations through to technology services. He has experience in relation to business structures, including the creation and restructure of companies, trusts, charities and not-for-profit organisations.
In addition, he has assisted with several business sales and acquisitions, and organisational mergers. Jonathan regularly provides advice on corporate governance, Corporations Act and procurement issues. He also advises clients in the not-for-profit, care and government sectors.
Many not-for-profit (NFP) organisations face financial sustainability challenges in the current economic and regulatory environment. There have been highly publicised NFP collapses and closures, with administrators and liquidators engaged to clean up the resulting mess. More concerningly, disadvantaged clients often lose the continuity of critical supports.
In this presentation, Jonathan will explore the various external administration pathways available to NFPs. This ranges from self-initiated wind down or closure, Board appointed administrators, regulator appointed managers, bank appointed receivers and ultimately liquidation and deregistration. He will explore who is in control, the pros and cons, the role of the chair/board/management/members, and the practical challenges.
Jonathan will also consider the NFP director’s perspective in seeking safe-harbour advice, seeking protection under D&O insurance policies, or resigning to protect themselves from personal liability, and how this practically plays out compared to the needs of the NFP.
Finally, he will also explore the warning signs that your NFP might be approaching insolvency, and the timing to seek support.
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