Unfair Preferences are the most common type of voidable transaction and occurs where a creditor has received an advantage over other creditors, by receiving payment (or other type of transaction) for their outstanding liabilities and does so in circumstances where they knew (or ought to have known) that the company was insolvent.

Our team of corporate insolvency specialists at Antunes Lawyers work closely with liquidators to assist both in recovering and defending claims regarding unfair preference payments and have extensive experience in resolving these claims in a timely manner that is stress free to the company, director and creditor.

If a payment is found to be an unfair preference payment, you should immediately contact our team of corporate insolvency specialists, who can help you understand:

  1. Whether the payment is an unfair preference payment;
  2. Your rights and obligations when being investigated regarding an unfair preference payment;
  3. Whether you are personally liable if payments are found to be unfair preferences;
  4. Whether there is a defence available to directors and creditors of a company who have made or benefited from an unfair preference payment; and
  5. How you can avoid receiving an unfair preference payment in the future.

Our team can assist you by:

  • Reviewing and analysing the relevant transaction and the facts and circumstances surrounding the transaction;
  • Determining whether the payment is in fact an unfair preference payment;
  • Providing you with comprehensive advice regarding the relevant transaction and the options available to you when it comes to voidable transactions;
  • Responding on your behalf to any correspondence or investigation concerning an unfair preference payment;
  • Represent you in bringing or defending a claim in a court or tribunal.

Talk to one of our expert lawyers today.