Unfair Preference Claims and Claw Backs – Leo Cussen Centre for Law

Don't worry, we'll get you back to the main store where you can explore all our amazing products.

Redirecting you in 5 seconds...

If the redirection doesn't happen, click here to go to the main store.

Unfair Preference Claims and Claw Backs

Unfair Preference Claims and Claw Backs

$99.00
$99.00
Sold out
Tax included.

When a debtor becomes insolvent, the payments received by a creditor may be at risk of being ‘clawed back’ by the liquidator under the principle of unfair preference. However, there are conditions and exceptions that may defeat a liquidator’s right to ‘claw back’ and allow the creditor to keep the payments. 

This session will discuss the elements of unfair preferences and how your client can both defend a claim and seek to claw back a payment. 

The session will discuss issues including: 

  • The purpose and application of the principle of unfair preference 
  • Defences to an unfair preference claim 
  • When a payment from an insolvent debtor may be 'clawed back' by the liquidator 
  • The time periods and ‘relation-back dates’ that define an unfair preference payment 
  • When the set-off principle applies to defeat a liquidators claim 
  • Recent cases of significance 

What is included:

Videos of the presentation in mp4 format.

* This Webcast does not allow WA practitioners to claim CPD points