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

  • One step towards Chapter 11: Australian Safe Harbour Reform

    Our recent article “One Step Towards Chapter 11: Australian Safe Harbour Reform” has been published by the American Bankruptcy Institute. Our firm principal Ben Sewell is a member of the ABI’s International Committee and the firm is developing unique cross-border insolvency expertise and networks.

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  • CSLS seminar

    Insolvency seminars for law groups

    Last week was a busy week for educating and meeting solicitors in Sydney and Melbourne. Lots of solicitors are interested in finding out more about the new safe harbour from insolvent trading (section 588GA Corporations Act). So the firm is giving presentations on the new safe harbour for law and accounting discussion groups in NSW […]

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  • What ASIC v Plymin tells us

    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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  • Offshore Tax Haven Law

    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 (Trading while insolvent)

    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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