Set-off as a “defence” to a liquidator’s preference claim - under review.
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Set-off as a “defence” to a liquidator’s preference claim - under review.

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

Philip Colman

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.

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Philip Colman

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

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Stewart Maiden KC

King’s Counsel at Victorian Bar | Director, Barristers Chambers Limited

3 年

Garry, are you able to identify the case?

Adam A. Lopez

Senior Associate (Litigation Lawyer) at Williams Winter

3 年

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