Is your business insolvent?
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  • Lawyers

    We specialise in advising clients with a commercial litigation or insolvency challenge. We represent clients in court, arbitration and mediation forums. We help businesses move forward by protecting their rights and solving their complex legal problems.

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  • Insolvency Advisers

    We provide consulting services to clients faced with an insolvency challenge. We deliver pre-pack insolvency arrangements and act as restructuring advisers for our clients. We explore all avenues (both formal and informal) to protect and recover value.

    Business in trouble?

  • Debt Agents

    We identify the root causes behind non-payment and use the full force of the law to efficiently recover debts and assets. We share risk with our clients and take responsibility for debt recovery. We give our clients comfort and certainty.

    Chasing debts?

Professional law and consulting firm

Sewell & Kettle are specialist lawyers and consultants with offices in Sydney and Melbourne. The firm has a business mind-set and are trusted advisers for accountants, business owners and directors, entrepreneurs, in-house lawyers and transactional lawyers.

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  • What is the legal meaning of Insolvency?

    Insolvency is the term that is used to describe the position of a company when it is unable to pay its debts as they become due and payable (section 95A of the Corporations Act 2001 (Cth)). It is interpreted by the Courts using what is known as the “cash-flow test”. If directors of a company […]

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  • Creditor’s statutory demand for payment of debt

    Abstract The principal ground that is available to a creditor to make an application to wind up a company in insolvency is that the company is insolvent. The Commonwealth government legislated to incorporate into the Corporations Act 2001 (Cth) presumptions of company insolvency upon the occurrence of particular events. The most widely utilised and effective event to prove company […]

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  • How does a liquidator decide whether to commence an insolvent trading claim?

    Primer for directors of small-to-medium enterprises The simple answer is that the likelihood of an insolvent trading claim being commenced is quite low. The liquidator needs to be well funded and have a potential defendant who is also well funded. The empirical evidence is amazing because it shows that very few cases are actually run […]

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Upcoming educational seminars

  • Marbury Chambers Seminar – The New Safe Harbour from Insolvent Trading

    Licence to trade insolvent: The New Safe Harbour from Insolvent Trading Introduction to the insolvent trading prohibition What is the new safe harbour and who can advise on it? What are some elements of a restructuring plan for small-to-medium sized enterprises? What are the hurdles to getting safe harbour protection? Presented by Ben Sewell, Solicitor […]

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