Session Catalogue


Debate: Timberworld Ltd v Levin [2015] 3 NZLER 365


This is a debate between barristers Damien McAloon and Katherine Brazenor on the issue of whether the peak indebtedness rule remains an essential part of Australian Law. The Moderator is retired Federal Court Judge, the Honourable Ray Finkelstein AO, QC. The debate is sparked by the New Zealand Court of Appeal rejection of the peak indebtedness rule in Timberworld Ltd v Levin [2015].


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Full Description

Katherine Brazenor argues for the peak indebtedness rule; Damien McAloon against it.  Each is a commercial barrister, with a wide ranging practice who specialises in insolvency and corporations matters. Before coming to the Bar, Ms Brazenor was with Arnold Bloch Liebler and was Associate to Federal Court Justices Gordon and Middleton. Mr. McAloon practised at Clayton Utz for 15 years rising to the position of Special Counsel. Interestingly, Mr. McAloon’s analysis of the Australian unfair preferences law (in particular, the peak indebtedness rule) was referred to by the Court in Timberworld.

The debate is followed by a Q & A session.


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