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Creditor set-offs and insolvent entities paper

Published on 29 May 19 by WESTERN AUSTRALIAN DIVISION, THE TAX INSTITUTE

This paper covers:

  • the Act 
  • 2012 onwards
  • judgment at first instance – Tottle J 
  • appeal - Murphy JA, Mitchell JA and Allanson J (Part 1) 
  • the United Kingdom – The 1998 BCCI Case
  • appeal - Murphy JA, Mitchell JA and Allanson J (Part 2)
  • Schedule: Section 80(1)(a) of the PPSA.

Author profile

Kathleen McNally
Kathleen is Principal of McNally & Co, a boutique litigation firm based in Allendale Square in Perth. Kathleen holds degrees in law and commerce (majoring in accounting). Kathleen has more than a decade of commercial litigation experience in a top tier national Australian law firm working with clients including “Big Four” Australian banks, leading insolvency firms and practitioners, government agencies as well as listed and global mining, building and construction companies. Kathleen has been recognised by Doyle’s Guide as a Rising Star in insolvency, and has held various industry roles including president of the WA chapter of IWIRC (the International Women’s Insolvency and Restructuring Confederation) - Current at 26 June 2019
Click here to expand/collapse more articles by Kathleen McNally.

 

This was presented at Insolvency & Debt Resolution Half Day .

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Individual sessions

How healthy is my business?

Author(s):  Carl Huxtable

Materials from this session:

Finance and refinance post the Royal Commission

Author(s):  Michael Cane

Materials from this session:

Creditor set-offs and insolvent entities

Author(s):  Kathleen McNally

Materials from this session:

ATO approach to debt management

Author(s):  Kathleen Chau

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