Charity fundraiser for Cure Cancer Australia at Sokyo at the Star

Charity fundraiser for Cure Cancer Australia at Sokyo at the Star

Estimated reading time: 2 minutes

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…

Deed and an agreement - what is the difference?

What is the difference between a deed and an agreement?

Estimated reading time: 4 minutes

In article: A deed and an agreement are two types of legal instruments that are sometimes used interchangeably. However, in fact, they are two very different species and their incorrect use may have adverse consequences on certain transactions. A deed…

Image for article Overview of Corporate Insolvency and Personal Bankruptcy in Australia

Overview of Corporate Insolvency and Personal Bankruptcy in Australia

Estimated reading time: 110 minutes

Insolvency occurs when a business or an individual is unable to meet their debts as they become due and payable. There is a distinction in Australian law between bankruptcy (applies to individuals) and insolvency (applies to corporate bodies), and each has its own particular process. Read our article to learn more about corporate insolvency and personal bankruptcy.

Ben Sewell speaking on insolvency seminar

Insolvency seminars for law groups

Estimated reading time: 2 minutes

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…

Has your equipment become a fixture?

Has your equipment become a fixture? PPSR hot topic

Estimated reading time: 3 minutes

A dispute over a linear accelerator sounds like a James Bond movie but such dispute went to Court recently. A landlord, an equipment supplier, an administrator and bank all claimed an interest in the $9 million medical equipment and the eventual winner was the equipment supplier who sold the linear accelerator on credit. Fixtures are […]

PMSI - Purchase Money Security Interest – new security for PPSA

What is a PMSI – new security for PPSA

Estimated reading time: 9 minutes

The Personal Property Securities Act (PPSA) has implemented a single national register that applies to all personal property security interests. The PPSA has also provided us with a set of priority rules to determine disputes between competing security interests. Of particular note is the Purchase Money Security Interest (or PMSI). A PMSI is a security […]

Credit Application

Are Your Credit Applications Good Enough?

Estimated reading time: 7 minutes

With inflation and interest rates on the rise some of your customers may be looking for ways to manage a liquidity squeeze. Unfortunately, those customers may see their trade suppliers as an “alternative financier” and may either extend your trading terms or indefinitely delay payment to ease […]

Seven ways to limit your costs in litigation

Seven ways to limit your costs in litigation

Estimated reading time: 3 minutes

Litigation is often an expensive exercise and legal costs can fluctuate quickly. Here are 7 ways to help limit the costs involved in litigation.

What to Consider When Seeking a Mortgage from a Debtor

What to Consider When Seeking a Mortgage from a Debtor

Estimated reading time: 10 minutes

When you lend money, or offer goods or services on credit, how do you protect your interest in the case of non-payment of the debt? In this article, we consider how you might secure this debt with an interest in land. Key mechanisms for doing this are via a ‘charging clause’ in a director’s personal guarantee, and/or via registration of a mortgage.

What is a personal guarantee?

What is a personal guarantee?

Estimated reading time: 11 minutes

A personal guarantee is a promise by a person to be answerable for a debt or obligation of another person/entity in the event that person/entity defaults. Seeking personal guarantees from directors is a common way for SMEs to limit their risk in commercial credit arrangements with other SMEs.