The High Court Decision on Set-off in the Morton Case: Some Different Perspectives
(2023) 13 Insol LJ page 47. Introduction There has been much commentary on the recent…
Corporate
Explained: The ASIC Assetless Administration Fund – part 3 Director Banning
This article is the third of three articles that discusses the Assetless Administration Fund. The…
Explained: The ASIC Assetless Administration Fund – part 2 Asset Recovery
This article discusses the Asset Recovery Grant. The article assumes familiarity with our previous article…
Explained: The ASIC Assetless Administration Fund
A common challenge for insolvency practitioners immediately post appointment is the lack of funds available…
Voidable preferences and set-off: Mr Morton and déjà vu: clarity finally from the Full Federal Court
By Scott D. Taylor – Partner &
Dr Garry J. Hamilton – Senior Legal Consultant.
Significant judicial and academic controversy ensued as to whether a defendant could use statutory set-off as a “defence” to a liquidator’s claim for a voidable preference.
Employee fraud: recovering assets and seeking restitution
We explore in brief below some of the strategies and relevant considerations when seeking to recover misappropriated assets or compensation (restitution) for cases involving employee fraud.
Creditor’s statutory demands: Grounds to set aside
In this article, we set out the circumstances in which a Statutory Demand can be set aside. If you have received a Statutory Demand, we recommend that you seek legal advice immediately.