Unfair preference claims arise where payments made before liquidation are examined to determine whether they unfairly preferred one party over others. Clear legal advice helps clarify whether a claim should be pursued or defended, and how to respond in a structured and informed way.
We Understand What You Are Going Through
Unfair preference claims can arise in different contexts. You may be a director, creditor, or related party who has received a demand from a liquidator seeking repayment of funds. Alternatively, you may be a liquidator tasked with investigating transactions and recovering payments for the benefit of creditors.
In either situation, these claims often involve complex factual and legal questions, including timeframes, documentation, and how payments were made. The process can place pressure on all parties involved, particularly where significant amounts or multiple transactions are in issue.
We understand both sides of unfair preference claims. We assist liquidators in investigating and pursuing recovery actions, and we advise directors, creditors, and related parties on responding to and defending claims. Our approach focuses on clarity, proportionality, and achieving sensible outcomes in the circumstances.
Our Services Include
- Advising liquidators on the investigation and pursuit of unfair preference claims
- Assessing whether payments are recoverable under the Corporations Act
- Advising directors, creditors, and related parties on exposure and defence options
- Supporting negotiations between liquidators and recipients of alleged preference payments
- Preparing and responding to formal demands and proceedings
- Representing clients in unfair preference litigation where required
Approach
We Understand What You Are Going Through
Unfair preference claims can arise in different contexts. You may be a director, creditor, or related party who has received a demand from a liquidator seeking repayment of funds. Alternatively, you may be a liquidator tasked with investigating transactions and recovering payments for the benefit of creditors.
In either situation, these claims often involve complex factual and legal questions, including timeframes, documentation, and how payments were made. The process can place pressure on all parties involved, particularly where significant amounts or multiple transactions are in issue.
We understand both sides of unfair preference claims. We assist liquidators in investigating and pursuing recovery actions, and we advise directors, creditors, and related parties on responding to and defending claims. Our approach focuses on clarity, proportionality, and achieving sensible outcomes in the circumstances.
Our Services Include
- Advising liquidators on the investigation and pursuit of unfair preference claims
- Assessing whether payments are recoverable under the Corporations Act
- Advising directors, creditors, and related parties on exposure and defence options
- Supporting negotiations between liquidators and recipients of alleged preference payments
- Preparing and responding to formal demands and proceedings
- Representing clients in unfair preference litigation where required