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 …