Employers Liability Newsletter - February 2023

  • Published 22.02.2023

Videos 

We have now included a link to a video for most articles as an alternative way of hearing about the case, we hope you enjoy this new option.

Recent Decisions

Appeal successful after wrong test applied
Boccalatte v Burwood Council (NSWPICPD 2022)

Appeal successful after wrong test applied

  • Published 22.02.2023

Boccalatte v Burwood Council (NSWPICPD 2022)

Link to Decision

Link to Video

Key Takeaways

Nathan Woods

Member for

7 years 1 month
First name
Tessa
Last name
Hills
Company
TurksLegal
Contact Number
+61282575785
Position
Marketing
Submitted by Tessa Hills on

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 High Court confirms the peak indebtedness rule and statutory set-off are no longer applicable to unfair preference claims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

Running account calculation

Brad Quillan

Member for

7 years 1 month
First name
Tessa
Last name
Hills
Company
TurksLegal
Contact Number
+61282575785
Position
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