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ARTICLE · 07 JUNE 2023

When all creditors get a 100-cents-in-the-dollar dividend plus interest

Discusses how section 563B of the Corporations Act is enlivened regarding creditors and their right to interest.

AustraliaInsolvency/Bankruptcy/Re-Structuring

How section 563B of the Corporations Act is enlivened.

When a liquidator can pay a 100-cents-in-the-dollar dividend to unsecured creditors, those creditors are also entitled to being paid interest on their debts from the date of the company's winding up to the date of the final dividend payment.

But this wasn't always the case. Previously only creditors that had interest-bearing debts (or judgment) were entitled to claim and be paid interest. The interest rate that applied was determined in the original contract between the creditor and the company, or the interest rate set out in the judgment.

This position however was amended by section 563B of the Corporations Act 2001 which simply states as follows.

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