November 2018 – #SVVoidables by Matthew Hudson

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November 28, 2018Insolvency, Phoenixing, Public Commentary

Panel chat about untrustworthy advisors

I was privileged the other day to sit on a panel for the Australian Institute for Business and Economics at the UQ Business School Executive, with my fellow panelists: Tim Cole (AFSA), Matthew Broderick (HWL Ebsworth Lawyers) and Adrian Brown (ASIC). The topic was on “untrustworthy advisors”, including illegal phoenix operators. I had a great…

November 21, 2018Insolvency, Public Commentary, Voidable Transactions

Does buying a 100-5 claim open you up to being sued for an unfair preference yourself?

If you purchase an unfair preference claim from a liquidator of Company A (per 100-5), and the defendant you eventually sue (Company B) goes into liquidation, can the liquidator of Company B sue you for an unfair preference? I favour the view that they can’t, but it’s a grey area. Back in March 2017, the Commonwealth…