What does the seminar cover?

The Full Federal Court’s recent decision in Badenoch Integrated Logging Pty Ltd v Bryant has important consequences for the calculation of unfair preference claims. This CPD explains the reasoning behind the Court’s decision and identify those points of law which remain uncertain.

The speakers hosted this update to help you

  • Understand the Full Federal Court’s analysis of s 588FA in relation to the peak indebtedness rule
  • Identify factual elements which must be proved to establish a running account in an unfair preference claim
  • Learn the outstanding issues in relation to unfair preference claims, particularly in relation to set off under s 553C of the Corporations Act 2001 (Cth)

Who should watch?

This is an important legal update for insolvency practitioners, insolvency lawyers, general commercial litigators and insolvency advisors.


Paul McQuade QC (Barrister, Level Twenty Seven Chambers)

A commercial litigation barrister, Paul is an especially highly regarded insolvency law practitioner. He is briefed in factually and legally complex corporate and insolvency matters that utilise the specialist knowledge he accrued as a Chartered Accountant.

Sean Russell (Barrister, Level Twenty Seven Chambers)

Since coming to the Bar from a commercial litigation and insolvency law firm, Sean has continued working with clients on an extensive range of commercial litigation. He has particular experience and interest in matters concerning bankruptcy & corporate insolvency, contracts, equity, professional negligence and the Corporations Act.

Hannah Lilley (Barrister, Level Twenty Seven Chambers)

Hannah has a civil and commercial law practice. Her experience prior to the Bar includes working at Allens (Brisbane) and at Linklaters LLP (London) where her practice focused on arbitration, commercial litigation and regulatory investigations.


The video and podcast recording, as well as the transcript and PowerPoint are available here: https://www.level27chambers.com.au/seminars/insolvency-law-update-badenoch-and-the-end-of-the-peak-indebtedness-rule/

Liability limited by a scheme approved under professional standards legislation