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Deborah Tsai

As seen in: LexBlog, Zone of Insolvency
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Articles by Deborah Tsai

Australian High Court banishes statutory set-off, sets up liquidator recoveries in unfair preference decision

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By Laura Evers Johns, Deborah Tsai
| LexBlog
In a landmark case, the High Court of Australia this month unanimously determined in Metal Manufactures Pty Limited v Morton [2023] HCA 1 (Morton) that set-off is not available against a liquidator’s unfair preference claim. The effect of the decision is that a creditor is not entitled to deduct any outstanding claim that it might have against a company from its liability to repay that company’s liquidator any unfair preference.
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Modernising business registers and director identification numbers

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By Natasha Toholka, Deborah Tsai
| LexBlog
A package of five legislative reforms — Commonwealth Registers Bill 2019, Treasury Laws Amendment (Registries Modernisation and Other Measures) Bill 2019, Business Names Registration (Fees) Amendment (Registries Modernisation) Bill 2019, Corporations (Fees) Amendment (Registries Modernisation) Bill 2019, and National Consumer Credit Protection (Fees) Amendment (Registries Modernisation) Bill 2019 — received royal assent on 23 June 2020.
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Modernising business registers and director identification numbers

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By Natasha Toholka, Deborah Tsai
| Zone of Insolvency
A package of five legislative reforms — Commonwealth Registers Bill 2019, Treasury Laws Amendment (Registries Modernisation and Other Measures) Bill 2019, Business Names Registration (Fees) Amendment (Registries Modernisation) Bill 2019, Corporations (Fees) Amendment (Registries Modernisation) Bill 2019, and National Consumer Credit Protection (Fees) Amendment (Registries Modernisation) Bill 2019 — received royal assent on 23 June 2020.
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Don’t panic this pandemic: new safe harbours for directors in COVID-19

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By Natasha Toholka, Deborah Tsai
| Zone of Insolvency
In recognition of the significant economic impact of COVID-19, several jurisdictions have passed (or propose to pass) legislation to provide temporary relief for directors of businesses in financial distress, and hopefully mitigate some of the economic effects of the COVID-19 pandemic.
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