Blog

A collection of news and insights about our firm and developments in the law, finance and insolvency industries

  • Sewell & Kettle Lawyers new website

    Sewell & Kettle announcement: Break with tradition and move forward

    Sewell & Kettle has had a remarkable journey as a specialist law firm since it was started in 2006 by Ben Sewell. To celebrate the continued development of the firm it has refreshed its identity. The firm’s colours, website and collateral have been refreshed to align its identity with the exciting opportunities that have been opened by legal reform.

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  • What is going to change with the insolvency reforms?

    The Insolvency Law Reform Act 2016 (IRLA) and further proposed reforms are the most extensive reforms of the insolvency regime in Australia since the early 90s. Key changes professional advisers should be aware of include: Bankruptcy has been reduced to one year, the default period of undischarged bankruptcy (i.e. for individuals) is going to be reduced […]

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  • What types of finance are available in a pre-pack insolvency arrangement?

    If you are director of small-medium sized business and you are in urgent need of finance there are a limited number of options. In a scenario where you are looking to obtain working capital to fund continued business operations in preparation for a pre-pack insolvency arrangement the choices are limited. Receivables finance is […]

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  • phoenix trading

    Pre-pack arrangements and phoenix trading for SMEs: Full journal article

    There are a number of synonyms for phoenix activity, including asset stripping, phoenix trading, illegal phoenix, and phoenix arrangements. Unfortunately, there is no statutory definition for phoenix activity in the Corporations Act 2001 (Cth) and so the terminology varies in judgments and articles. Phoenix activity occurs when: A company (we’ll call […]

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  • Phoenix company activity

    Legitimate pre-pack insolvency arrangements versus phoenix activity

    Pre-pack insolvency arrangements (pre-packs) are still relatively unorthodox in Australia, but are implemented regularly in the UK. If properly planned, pre-packs are legal and allow a business to be rescued through a quick transfer of the assets of the insolvent company. In a pre-pack the transfer of the business assets is negotiated prior to the […]

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