Case law alert: unfair preference claims and set-off under section 553c - no set-off “defence” available (part 2 of 3)

The section: Section 553C of the Corporations Act 2001 (Cth) (“Act”) provides for a statutory set-off between an insolvent company and a party seeking to have a debt or claim admitted in the company’s winding up.

Filed under:
Australia, Insolvency & Restructuring, Litigation, Litigation Capital Management, Corporations Act 2001 (Australia)
Authors:
Lina Kolomoitseva
Location:
Australia
Firm:
Litigation Capital Management
Case law alert: unfair preference claims and the set-off “defence” under section 553c (part 1 of 2)

The Section

Filed under:
Australia, Company & Commercial, Insolvency & Restructuring, Litigation, Litigation Capital Management, Corporations Act 2001 (Australia)
Authors:
Lina Kolomoitseva
Location:
Australia
Firm:
Litigation Capital Management
New rules for funders of insolvency claims: business as usual for some, not for all

Recent changes in the Australian regulation of third-party funders will have a dramatic effect on the funding of certain disputes. Although these changes were accompanied by Government and industry commentary that they would not affect litigation funding for insolvency-related claims, this may not be the case for all insolvency funding arrangements.

Filed under:
Australia, Company & Commercial, Insolvency & Restructuring, Litigation, Litigation Capital Management, Litigation funding, Australian Securities and Investments Commission, Corporations Act 2001 (Australia)
Authors:
Lina Kolomoitseva
Location:
Australia
Firm:
Litigation Capital Management