Set-off as a “defence” to a liquidator’s preference claim - under review.
Dr. Garry J Hamilton
Dr. Garry J Hamilton
Adjunct Professor (UQ, Law).BComm, BEcon, GDLP, LLB, LLM, SJD, FCA, FCPA, FCIS, FGIA, RITF
This question was recently referred by the Federal Court as a special case under the Federal Court Rules for a determination by the Full Federal Court. The issue remains contentious as most registered liquidators are well aware. The liquidator client is currently awaiting notification of a hearing date
Specialist franchising & dispute resolution lawyer and accredited mediator
3 年It’s disappointing that that Full Federal Court skirted around this issue in Badenoch. It’s an issue of such importance that it needs to be considered by the High Court one day.
Thanks Garry. Look forward to hearing more about it.
Specialist franchising & dispute resolution lawyer and accredited mediator
3 年Garry, I would also be interested in knowing the case details. It has massive ramifications and I wonder whether ARITA should consider seeking leave to make submissions
King’s Counsel at Victorian Bar | Director, Barristers Chambers Limited
3 年Garry, are you able to identify the case?
Senior Associate (Litigation Lawyer) at Williams Winter
3 年Following