Preference Defences

‘GOOD FAITH’ DEFENCE — a recent decision tests the effectiveness of the defence

Author – Nicholas Boyce A recent test of the 'good faith' defence in resisting a preference claim highlights the effectiveness of having your recovery processes in order and …

Important win for creditors defending unfair preference claims

The ‘PPSA defence’ has, in recent times, become a very valuable tool used by creditors to defend unfair preference claims. The Supreme Court of South Australia recently overtu…

Court permits a set-off against a liquidator’s unfair preference claim for unpaid debt

In a significant win for creditors, the District Court of Queensland recently applied a set off for unpaid debts owed to a creditor against a liquidator’s claim to recover sums a…