Blog

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

  • How do you set up a discretionary trust to trade a business?

    A trust is a legally recognised relationship by which someone (trustee) holds property for the benefit of another (beneficiary). A discretionary trust is a type of trust which gives the trustee the power to decide which of the beneficiaries are to benefit from the trust, and to what extent – essentially, they have power over […]

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  • safe harbour

    Podcast on safe harbour from insolvent trading

    This podcast is a general introduction to the safe harbour from insolvent trading that is now available for company directors. It is particularly useful to directors of small-to-medium sized businesses looking for a general understanding of the new carve-out. In September 2017 a new safe harbour from insolvent trading was introduced to help company directors […]

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  • phoenix activity video interview

    What is phoenix activity and how does the law (attempt to) regulate it?

    There is currently no legal definition of phoenix activity in the Corporations Act 2001 (Cth) or any other relevant piece of legislation However, phoenix activity is generally understood to be the process of ‘rebirthing’ an enterprise by stripping an insolvent company of any remaining assets and transferring them into a new entity which is essentially […]

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  • Charity fundraiser for Cure Cancer Australia at Sokyo at the Star

    Charity fundraiser for Cure Cancer Australia at Sokyo at the Star

    Sewell & Kettle are proud to support the efforts of Cure Cancer Australia. On Friday 5 October 2018 our firm held a charity fundraiser for Cure Cancer Australia at Sokyo restaurant at the Star. Which charity was supported? All monies raised by donations and the charity auction were donated directly to Cure Cancer Australia (https://www.curecancer.com.au/). […]

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  • What are the grounds to set-aside a statutory demand?

    Summary Pursuant to section 459G of the Corporations Act 2001 (Cth) a company may apply to have a statutory demand set aside within 21 days of its service. The application must be supported by an affidavit filed with the Court and served on the other party. Under the Corporations Act 2001 (Cth) there are 4 […]

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