ARITA Hunter forum 15 March 2016


The good, the bad and the ugly: The line between a pre-planned arrangement and phoenix activity for SMEs

Ben Sewell, Principal, Sewell & Kettle Lawyers

ARITA’s new policy recognises the benefits of pre-positioning to enable viable businesses to continue and maximise return for creditors. Pre-positioning involves a sale of business or assets prior to the appointment, without any involvement of the appointee. These arrangements are distinct to pre-packs, whereby the proposed appointee has involvement in the pre-appointment negotiations.

This discussion focuses on the issues for SMEs and case studies about the traps for professional advisors and insolvency practitioners.

Event details

Date: Tuesday 15 March
Time: Registration and lunch from 12.30 pm; Presentation 1-2 pm
Venue: Noah’s On The Beach, Cnr Shortland Esplanade & Zaara Street, Newcastle 2300
Price: $46 Member, $57 Non-Member (GST incl.)
CPD/CLE: 1 point

If you are an existing client and you would like a complimentary pass please email

Upcoming educational seminars

  • UNSW Edge: SME Insolvency & Restructuring Critical Updates Webinar

    Ben Sewell will be presenting on the topic of: Future watch – what comes next? This session will cover: Analysis of potential implications of current climate on your practice; Suggested strategies and business skills that you can implement that will assist you to respond to changes that may come after September 2020.

    Learn more

  • Live Webinar: Insolvency law in a COVID-19 world (Law Society of NSW)

    The Law Society of NSW is hosting a series of webinars to show legal practitioners how they can manage their response to COVID-19 and its impacts on the legal industry. In this webinar, experienced insolvency expert Ben Sewell of Sewell & Kettle Lawyers will discuss how COVID-19 has affected corporate insolvency law and what legal […]

    Learn more

  • Thomson Reuters Building & Construction Law Conference

    12:05PM How to manage subcontractor insolvency During COVID-19 the Government has strongly signalled that SMEs may continue to trade whilst insolvent (and created supporting statute). The risk to builders and developers is that their subcontractors will fail once the COVID-19 safe harbour ends. What can be done pre-contract and post-formal insolvency appointment (e.g. voluntary administration) […]

    Learn more

made by