Essential Skills: Insolvency Law
Voidable transactions & recovery proceedings

The pursuit of voidable transactions are a critical part of a liquidator’s toolkit for improving returns to creditors and achieving more equitable outcomes in a winding up.

This course provides an overview of the forms of voidable transactions and then focuses on a number of specific legal issues which commonly arise in recovery proceedings for voidable transactions, including proving insolvency, commonly-pleaded defences, procedural issues, and funding and assigning recovery actions.

Learning objectives

At the end of this course you will understand:

  • The various forms of voidable transaction provisions available to a liquidator (including the new creditor defeating disposition)
  • The law relating to – and practical challenges in – proving 'insolvency’
  • Statutory presumptions of insolvency which may assist a recovery action.
  • Some legal issues associated with liquidators’ insolvency reports (e.g. evidentiary issues, admissibility).
  • Key authorities and principles relating to the 'no reasonable grounds to suspect insolvency’ defence in s 588FG(2) of the Corporations Act.
  • Some key procedural issues (including limitation periods and 'mothership' proceedings)
  • Legal issues with litigation funding arrangements and the new ILRA 'right to assign' liquidator claims.

Prerequisites

You must have a basic level of knowledge about the range of potential voidable transactions and recovery actions, including insolvent trading. 

Course format

A two-hour presentation covering the theory, plus at least one practical exercise to ensure understanding of the issues.

Cost

Members & non-members: $199 (GST incl.)

CPE

Up to 2 CPE hours. 

Please see our enrolment and cancellation policy. For further information contact our education team.