High Court’s Landmark Decisions Clarify the Position for Creditors and Liquidators in Insolvency Proceedings
The High Court has had a busy start to the year, handing down two landmark decisions that have significant implications for insolvency practitioners. These decisions clarify the operation of important aspects of Australias insolvency regime and put to rest two questions long held by practitioners: whether liquidators are entitled to apply the peak indebtedness rule when assessing unfair preference claims and whether creditors are entitled to a right of set off against a liquidators claim to recover an unfair preference. Below, we take a closer look at both of those decisions and their implications.
Bryan v Badenoch Integrated Log…
Read the full article at: https://www.gtlaw.com.au/knowledge/high-court-kicks-2023-landmark-insolvency-rulings