Voidable preferences in insolvency: an update following the recent High Court decisions in Badenoch and Metal Manufacturers

The High Court has recently handed down two significant decisions concerning the operation of the unfair preference provisions in the Corporations Act 2001 (Cth). This seminar will consider the High Court’s abolition of the “peak-indebtedness rule” and its analysis of issues associated with running accounts in Bryant v Badenoch [2023] HCA 2.  It will also consider the High Court’s finding in Metal Manufacturers v Morton [2023] HCA 1 that set-off is not available as a defence to a preference claim, as well the potential broader application of the decision in respect of other voidable transaction claims and insolvent trading claims.

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This is an in-person event only.