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23 February 2023
The High Court has recently handed down two significant decisions concerning the operation of the unfair preference provisions in the Corporations Act 2001 (Cth). This seminar will consider the High Court’s abolition of the “peak-indebtedness rule” and its analysis of issues associated with running accounts in Bryant v Badenoch  HCA 2. It will also consider the High Court’s finding in Metal Manufacturers v Morton  HCA 1 that set-off is not available as a defence to a preference claim, as well the potential broader application of the decision in respect of other voidable transaction claims and insolvent trading claims.