Chapter closed! High Court confirms the peak indebtedness rule and statutory set-off are no longer applicable to unfair preference claims

  • Published 09.02.2023

Key Takeaways

In a significant day for insolvency professionals, the High Court of Australia (HCA), on 8 February 2023, has now settled two key uncertainties in the country’s unfair preference regime. HCA has confirmed that:

  • the ‘peak indebtedness rule’ is now a thing of the past; and
  • creditors cannot use set-off to reduce an unfair preference claim.

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Brad Quillan

Member for

6 years 8 months
First name
Tessa
Last name
Hills
Company
TurksLegal
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+61282575785
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Marketing
Submitted by Tessa Hills on

Get it right the first time

  • Published 14.12.2022

Miller v Secretary, Department of Communities and Justice (NSWCA 2022)

Link to Decision

Key Takeaways

Teacher awarded compensation for psychological injury over implementation of COVID-19 vaccine mandate

  • Published 14.12.2022

Dawking v Secretary (Department of Education) (NSWPIC 2022)

Link to Decision

Key Takeaways

The Department of Education’s (Department) s11A(1)11 defence failed in a situation where the worker, a school teacher, suffered a psychological injury as a result of refusing to be vaccinated and her employment being terminated.

The Personal Injury Commission and the exercise of federal jurisdiction

  • Published 14.12.2022

Fletcher International Exports Pty Ltd v Lee (NSWPICPD 2022)

Link to Decision

Key Takeaways

Employers Liability Newsletter - December 2022

  • Published 14.12.2022

Recent Decisions

Get it right the first time
Miller v Secretary, Department of Communities and Justice (NSWCA 2022)

Teacher awarded compensation for psychological injury over implementation of COVID-19 vaccine mandate
Dawking v Secretary (Department of Education) (NSWPIC 2022)