In July 2015 Justice Black handed down a decision in the case of Bluenergy which dealt a blow to secured creditors holding a security interest in all of a company’s present and future assets. 

With effect from 1 July 2016, the NSW State Government has abolished stamp duty on mortgages, being the last Australian state to do so. However, this isn’t just a dry change in taxes; it is an opportunity for anybody in the business of granting credit.

Proceedings have been set down for hearing.  The trial date is imminent.  The barristers are sharpening their cross-examination.  Witnesses are lined up to give evidence.  The final flurry before hearing is in full swing.  But wait!  The defendant has called time out!  A voluntary administrator has been appointed in the countdown to kick-off.  What now?

Mid last year Justice Chivell of the South Australian District Court was asked to determine a preliminary question in advance of the trial of an unfair preference claim brought by a liquidator, Mr Matthews, against the defendant, The Tap Inn Pty Limited (see Matthews v The Tap Inn Pty Ltd [2015] SADC 108).