Mutual Set-Offs and unfair preference claims

Creditors are no longer entitled to utilise the right of set off pursuant to Section 553C against their outstanding debt owed in a liquidation as a defence against an unfair preference claim commenced by a liquidator. What is Mutual Set-Off? A Mutual Set-Off occurs when a company and a creditor have mutual dealings with each […]

Budget 2022: Proposed reforms to simplify the insolvency regime

The Morrison government says it is committed to “further simplify and streamline” Australia’s insolvency regime, with three (3) key areas of focus in the federal budget and plans to spend $29.8 million over four (4) years, from 2022-23, on insolvency reforms.  The key areas earmarked include:  The proposed reform to unfair preference claims by Liquidators would mean […]