Blog

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

  • How do you choose the right liquidator?

    How do you choose the right liquidator?

    The company liquidation process (a creditor’s voluntary liquidation for insolvent companies) can be a long and winding road for company directors. While directors might get to appoint the liquidator, they don’t owe the directors or owners any legal duties, so it is best to pick an ethical and commercially-minded liquidator. If you pick a “salesman” […]

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

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

    Discretionary trust 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 […]

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  • Voluntary administration process for SMEs: Think twice before using the procedure during COVID-19

    UPDATED APRIL 2020 Small and medium-sized enterprises (SMEs) are being hit hard by COVID-19 and its economic consequences in Australia (and everywhere, for that matter). This may mean that directors are questioning whether insolvency is on the horizon, and considering the possibility of a formal restructuring by appointing a voluntary administrator. For SMEs in this […]

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  • Phoenix company activity

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

    Summary Phoenix activity is the ‘rebirthing’ of an enterprise by stripping one company of its assets and transferring them into a new entity which is essentially the same business Phoenix activity is often, but not always, illegal Existing law is available to crack down on illegal phoenix activity, but enforcement is weak. The new phoenix […]

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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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