Blog

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

  • What ASIC v Plymin tells us

    The case of ASIC v Plymin is significant for lawyers because it sets out a list of indicators that can help us understand when a company will be found to be insolvent. The general rule in law is that company insolvency is proven by a cash-flow test not a balance sheet test.

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  • tax haven

    Interview on Offshore Tax Haven Law

    Five time Walkley Award winner, journalist and lawyer, Mark Davis interviews Ben Sewell of Sewell & Kettle Lawyers about Offshore Tax Haven Law. Discussion Includes Common Reporting Standard (CRS) Who is using tax havens? Challenges relating to offshore accounts Is there still interest in the tax haven model? Incentives for Australian companies to keep operating […]

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  • Navigating the safe harbour: The role of solicitors

    The new safe harbour protection is not a defence to the insolvent trading prohibition but it is a carve-out that requires professional interpretation. This opens up an opportunity for solicitors to advise clients and evaluate any “course of action” that is developed […]

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  • Why set up a trading trust?

    If you’re about to start a business you have a choice about how to structure it. Structuring means how you set up the legal instruments (i.e. trust deeds and contracts) and entities (companies, partnership, joint ventures) to conduct the business. One option is to trade through a company that is the trustee of a trading trust.

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  • offshore tax havens

    How do offshore tax haven corporate structures actually work?

    Offshore tax havens – summary Offshore tax havens are the jurisdictions of choice for building corporate structures to protect assets from creditors and hide the identity of ultimate beneficiaries. This post should be of interest to any professional adviser interested in understanding the nuts and bolts of setting up an offshore corporate structure. It is […]

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  • When shouldn’t you appoint a voluntary administrator?

    The voluntary administration regime was introduced into the Corporations Law in 1993 to provide an alternative to liquidation and the immediate closure of insolvent businesses. The process of voluntary administration is controlled by an independent insolvency practitioner who is appointed by the directors.

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