Letter · Insolvency, Restructuring & Bankruptcy

Liquidator's letter of demand for repayment of an unfair preference

Letter from solicitors for a liquidator to a creditor that received payments before the winding up, setting out the unfair preference case, inviting a defence with evidence, and demanding repayment before proceedings under s 588FF.

Kind
Letter. A letter or email you adapt and send.
Where it applies
Australia
AI use
Yellow AI can help in set ways. A lawyer checks specific points before use.
Law stated as at
17 October 2026
Status
Maintained. Checked on 17 October 2026 against the 5 authorities it cites, for Australia.
Version
1
Source
Written for this library

When to use it

Use after the liquidator's investigation has identified payments to an unsecured creditor within 6 months before the relation-back day and there is evidence of insolvency at the time. Do not use before the payments, the relation-back day and the insolvency evidence have been checked against source records.

How AI may be used

Close supervision. AI is useful for building the payment chronology and the running-account arithmetic from bank statements, but every payment, date and figure must be traced to a source record and the insolvency case and defences are for the lawyer.

AI may

  • Build a chronology of payments to the creditor from bank statements and the creditor ledger, with the statement page and line for each entry.
  • Run the running-account calculation on the start point the lawyer has fixed, showing each step, for checking.
  • Draft the factual paragraphs describing the payments from the verified chronology.

AI must not

  • Must not decide when the company became insolvent or that the creditor had grounds to suspect insolvency.
  • Must not choose the start point of a continuing business relationship.
  • Must not include any payment or amount that is not traced to a bank statement or ledger entry.
  • Must not send the letter or adjust the demand amount without the lawyer's approval.

The lawyer checks

  • The relation-back day and the 6-month window are correct for the type of appointment.
  • The insolvency evidence relied on is admissible and supports insolvency at each payment date.
  • Any running-account analysis follows Bryant v Badenoch [2023] HCA 2.
  • The letter is accurate and firm without overstating the claim or making improper threats.

Method: how the Green, Yellow and Red levels are decided. This is guidance for planning, not legal advice.

Authorities

Read the full text

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