win for liquidators: no more statutory set-off to unfair preference claims

In a win for liquidators, the Full Court of the Federal Court of Australia this week found that a creditor cannot rely on set-off under the Corporations Act 2001 to reduce an unfair preference claim under section 588FA of the Corporations Act 2001 (Act).

Filed under:
Australia, Insolvency & Restructuring, Litigation, Macpherson Kelley, Corporations Act 2001 (Australia), Federal Circuit Court of Australia
Authors:
Daniel Wignall , Damien Quick
Location:
Australia
Firm:
Macpherson Kelley
intellectual property and insolvency practitioners: when ‘ip’ worlds collide - Macpherson Kelley

Intellectual property (IP) is a valuable asset in any liquidation or bankruptcy. However, it presents unique legal and practical challenges for insolvency practitioners.

These challenges include:

Filed under:
Australia, Copyrights, Designs and trade secrets, Insolvency & Restructuring, Litigation, Patents, Trademarks, Macpherson Kelley, Due diligence, Corporations Act 2001 (Australia)
Authors:
Daniel Wignall , Mark Metzeling , Damien Quick
Location:
Australia
Firm:
Macpherson Kelley