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Is your business insolvent?


We know what to do next.

We help businesses move forward by protecting their rights and solving their complex legal problems.

We specialise in advising clients with a commercial litigation or insolvency challenge. We represent clients in court, arbitration and mediation forums.

Need a lawyer?

We explore all avenues (both formal and informal) to protect and recover value.

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.

Business in trouble?

We share risk with our clients and take responsibility for debt recovery.

We identify the root causes behind non-payment and use the full force of the law to efficiently recover debts and assets. We give our clients comfort and certainty.

Chasing debts?
Ben Sewell

Sewell & Kettle specialise in a challenging area of business and law. We guarantee our service and expertise to all clients.

The firm has a business mindset and are trusted advisers for accountants, business owners and directors, entrepreneurs, in-house lawyers and transactional lawyers.

Ben Sewell – Principal

100s

we have talked with hundreds of business owners about the insolvency problems they face

15 years

our specialist advisory firm started in 2006

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we have never had a professional conduct issue or negligence claim


Our customers said

We asked Ben to help us with a very difficult situation we found ourselves in 5 years ago. We had been defrauded by our ex-son-in-law to whom we had previously entrusted the management of a private pension and our savings. It was a painful experience, financially and emotionally.

Ben took on our case, gave good advice and worked professionally, meticulously and sympathetically on our behalf. Unfortunately, we were not able to recover the funds that had been stolen but we know that Ben and his team did their best, under very difficult circumstances, and their diligent approach resulted in the Supreme Court finding in our favour. We were impressed by Ben’s astute handling of the proceedings and have no hesitation in recommending Sewell & Kettle.

Jeremy and Patricia Personal finances

We employed the services of Sewell & Kettle to extricate ourselves from a web of private companies, shareholders, leases and properties. Ben Sewell was incredibly thorough, professional and his attention to detail was impressive. The firm has a deep understanding of what is required under the Corporations Act and they are comfortable to instigate and attend all matters before the Court. We would have no hesitation to use the firm again.

Andrew Childcare centres

I had been in contact with a number of firms prior to contacting Ben at Sewell & Kettle. Besides receiving conflicting information, all of the firms were more interested in the payment than listening to my concerns. Ben took the time to listen to what the issues were and discussed my options with me. Ben was very knowledgeable and thorough and went through the process step by step until I had a complete understanding of what was available to me. All staff at Sewell & Kettle involved with my file are highly professional and easy to contact. All in all, I feel that I am getting the best advice in the market based on the many firms I spoke to.

Martin Café owner

Ben’s advice and recommendations


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Blog

Trading trusts - complete guide

The Complete Guide to Trading Trusts

Estimated reading time: 0 minutes

A trading trust is a trust over goodwill and business assets with the trustee being the legal person responsible to creditors. A trading trust is usually a discretionary trust whose trustee is a company, that is used to trade for the benefit of the beneficiaries. As with a non-trading trust, a trading trust separates legal ownership of assets from beneficial ownership and control. The controllers of the business are the owners and their family who exercise a controlling mind through their appointment as directors of the trustee company.

Insolvency Revolution for SMEs

Insolvency Revolution for SMEs: Australia’s new ‘debtor in possession’ restructuring procedure

Estimated reading time: 0 minutes

The Government is using its currently massive political capital to push through a revolution in SME insolvency law in Australia. Their aim is to make the insolvency process less draconian for small businesses and, in the long term, encourage a more entrepreneurial culture. The changes foreshadow streamlined and genuine debt forgiveness outside of voluntary administration.

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Upcoming educational seminars

Thomson Reuters Building & Construction Law Conference

Sydney 1 December 2020

12:05PM How to manage subcontractor insolvency During COVID-19 the Government has strongly signalled that SMEs may continue to trade whilst insolvent (and created supporting statute). The risk to builders and developers is that their subcontractors will fail once the COVID-19…