Preferences
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 …
