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Australian Corporate Insolvency Reform: the PJC's Report Is in, So What Can We Expect Next? | K&L Gates LLP - Vimarsana News

Australian Corporate Insolvency Reform: the PJC's Report Is in, So What Can We Expect Next? | K&L Gates LLP

After a 10-month inquiry process, on 12 July 2023 the Parliamentary Joint Committee on Corporations and Financial Services (PJC) delivered its final report on the effectiveness of...

Ding Dong – Set-off is Gone | Set-off is No Longer Available as a Defence to an Unfair Preference Claim | K&L Gates LLP - Vimarsana News

Ding Dong – Set-off is Gone | Set-off is No Longer Available as a Defence to an Unfair Preference Claim | K&L Gates LLP

For some time, the reliance on section 553C of the Corporations Act 2001 (Cth) (Act) as a "set-off" defence to an unfair preference claim, under section 588FA of the Act, has caused...

Full Court Vacates Set-Off Provisions in Unfair Preference Claims - Vimarsana News

Full Court Vacates Set-Off Provisions in Unfair Preference Claims

The Full Court, in Gavin Morton As Liquidator Of MJ Woodman Electrical Contractors Pty Ltd & Anor v Metal Manufacturers Pty Limited found that the defence of set-off is not available to a defendant of a liquidator's claim for the recovery of an unfair preference.