Preferences
Peak indebtedness and preferences – an Australian authority now “offering a considered analysis of the rule”
The High Court of Australia has found that the peak indebtedness rule has no place in Australian law in the ...
Australia’s review of its corporate insolvency laws – updated
The hearing in relation to the law of set-off and insolvency in Metal Manufacturers Pty Limited Gavin Morton as liquidator ...
International insolvency case law from New Zealand and the UK
The universal nature of much of insolvency law is such that many of its principles apply across jurisdictions, with a ...
Why do we have preference recoveries in insolvency? – updated
The High Court of Australia (Keane and Gleeson JJ) has granted the liquidators special leave to appeal from the Full ...
Why do we have preference recoveries in insolvency?
In finding that the ‘peak indebtedness rule’ did not in fact exist, the Full Federal Court[1] in Badenoch v Bryant ...
Preferences paid by company under a DOCA – based upon a reading of the section
A company under a 2013 deed of company arrangement made payments to the Deputy Commissioner of Taxation. The deed was ...
Insolvency Law Bulletin – penalties, phoenix & preferences, franchises & offence reports
The latest issue of the Insolvency Law Bulletin (2019) 20(4&5) covers some very topical issues. The Halifax Investment Services matter ...
A policy question with insolvency preferences
Is the essence of a preference payment in insolvency that the pool of the debtor’s assets are lessened by the ...
The perils of loud letters of demand
A creditor being paid its debt following a letter of demand can be a Pyrrhic victory, if the debtor ends ...
