Guides & Case Law
Reference material for Australian insolvency practitioners — legal guides on voidable transactions and director duties, plus summaries of key court decisions.
Legal Guides
Legal Guide
Transfers to Defeat Creditors — s121 of the Bankruptcy Act 1966
Section 121 of the Bankruptcy Act allows trustees to void transfers where the main purpose was to defeat creditors.
Legal GuideCreditor Defeating Dispositions — s588FDB of the Corporations Act
Summary of the creditor defeating disposition provisions under s588FDB of the Corporations Act 2001.
Case Law
Recent Case
Morgan v McMillan [2024] HCA 33 — Pooling Orders Under Part 5.6A
The High Court’s decision on pooling orders under Part 5.6A and the gateway requirement for section 579E.
Case SummaryASIC v Plymin [2003] VSC 123 — The 14 Indicators of Insolvency
The 14 indicators of insolvency — the standard framework for assessing company solvency in Australian law.
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