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ARTICLE · 30 NOVEMBER 2020

Unpacking Unfair Preferences Series: Running account defence

When a liquidator brings a claim of unfair preference, the running account defence is another commonly used defence.

AustraliaInsolvency/Bankruptcy/Re-Structuring

It's an unfortunate situation that those who provide a product or service often find themselves in. They've done the work, provided a product, invoiced for the work or product and are therefore entitled to be paid. It can therefore be quite a shock to receive a letter from a liquidator demanding back payment of the money due to an unfair preference.

Madgwicks is pleased to be presenting our eight-part series on unfair preferences as we delve into the practical realities of dealing with an unfair preference. You can find the other articles in this series here.

When a liquidator brings a claim for an unfair preference against a company or individual, there are a number of defences available to them. In our earlier article we discussed the commonly used good faith defence. Another commonly used defence is the running account defence.

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The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances. Madgwicks is a member of Meritas, one of the world's largest law firm alliances.

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