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103392
Individual Podcasts

The Next Frontier: Unfair Preference Claims and Third Party Payments

The apparent inconsistency of judicial outcomes when determining unfair preference claims involving third party payments has proven to be a challenge for insolvency lawyers in recent times. The inconsistency has been highlighted in various judgments, including this year in BounceL
PRESENTED BY Sam Kingston Partner - Maddocks , Melbourne

Date/Time

About the Podcast

The apparent inconsistency of judicial outcomes when determining unfair preference claims involving third party payments has proven to be a challenge for insolvency lawyers in recent times. The inconsistency has been highlighted in various judgments, including this year in BounceLED Pty Ltd v Clear Skies Corp Pty Ltd (in liq) [2023] NSWSC 121. To better understand the issues which can arise, this session considers the approaches taken recently by various Australian courts and discusses the implications of those approaches when advising clients who are negotiating with potentially insolvent counterparties or who may be exposed to such claims.

Presented By

Sam Kingston
Partner, Maddocks Melbourne, Vic

Sam specialises in insolvency and restructuring, working with clients in all aspects of external administrations, security enforcement and insolvency dispute resolution. He has acted for clients in a wide range of industries in large scale court proceedings involving complicated insolvency issues and Personal Property Securities Act 2009 (Cth) claims.

Sam also has extensive experience in a diverse range of regulatory issues and investigations, including dealings with regulatory bodies like ASIC and AFCA. He has detailed experience in Royal Commissions and was previously the Principal Legal Officer of the Queensland Racing Commission of Inquiry.

Sam has been recognised as a leading Insolvency and Reorganisation lawyer in Best Lawyers Australia, recommended lawyer for Restructuring & Insolvency in Legal 500 Asia Pacific Guide and as a recommended lawyer in Doyle’s Guide for Insolvency & Restructuring and Commercial Litigation & Dispute Resolution.

CPD Information

0.4 CPD units

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