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    Statutory set-off no longer a defence to an unfair preference claim
    2022-03-15

    In the past, 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 controversy in the insolvency profession. Due to a recent decision of the Federal Court of Australia, the ‘set-off’ defence is no longer a defence to an unfair preference claim.

    Filed under:
    Australia, Insolvency & Restructuring, Litigation, Gavin Parsons & Associates, Corporations Act 2001 (Australia), Federal Court of Australia
    Authors:
    Gavin Parsons , Jayne Qorraj
    Location:
    Australia
    Firm:
    Gavin Parsons & Associates
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