Video “Understanding Insolvency Law”

Firm Principal Ben Sewell takes you through an explanation of how we help our clients understand insolvency law

Understanding an insolvency law video

Sewell & Kettle Lawyers help entrepreneurs and businesses protect their rights and preserve business value when faced with an insolvency or bankruptcy challenge. In this video, Firm Principal Ben Sewell takes you through an explanation of how we help our clients understand insolvency law.

Video "Understanding Insolvency Law"

Video transcription

Understanding Insolvency Law

Our Expertise

The bad news is that most insolvency lawyers, or purported insolvency lawyers, actually know nothing about how to actually apply knowledge of insolvency law. They act in court proceedings, but going into the nitty gritty, going into bespoke solutions to help turnaround a business, working out what is viable, working out what can be done, working out what is acceptable in the industry and working out whether there’s going to be a fallout such as a litigation afterwards is an area that I have specialised in for the last 15 years. This has been hard won experience through litigation, creditor proceedings, negotiation, seeing a lot of other lawyers fail and seeing companies go into liquidation that perhaps shouldn’t have. 

Where We Represent Clients

Insolvency law involves negotiating with creditors. This includes negotiation with liquidators about voidable transaction claims and also appearing in court. It also includes representing directors if an inquisitorial proceeding commences, which means an examination of a director. We go to those hearings, represent the client and we advise them about risks that they face. At any one time, we’ve also got negotiations on foot with insolvency practitioners in different capacities, such as liquidations, voluntary administrations, receivership and also personal bankruptcies. 

What We Advise On

There’s a lot of very specific legal instruments and legal risks that you need a lawyer to advise you on.

Number one is pre-pack insolvency arrangements. That is, if you are undertaking an asset transfer of an insolvent business to a new entity. 

Second thing is looking at accusations of phoenix activity or uncommercial transactions if you’re acting for a director. You need to have an independent, determined advocate as a lawyer to represent you in those proceedings. 

We also undertake negotiations with administrators regarding deeds of company arrangement and implementing those arrangements. 

There has also in the past, not so much today, been streams of Part X Personal Insolvency Agreements. So looking at issues that arise out of personal bankruptcy and negotiating and pre-planning insolvency appointments for clients. 

Our Points of Difference

The first thing is that we’re a specialist law firm, so that means we focus on insolvency law and delivering solutions for insolvent small and medium sized enterprises. We don’t do anything else. We have a small group of clients at any one point in time, we don’t have a lot of clients. We focus on developing bespoke solutions for those clients. I believe that we have industry-best knowledge of the Corporations Act and also the Bankruptcy Act, and we’ve got an excellent network of supporting professionals who help us to achieve the deliverables that we set with our clients.


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