Checklist · Insolvency, Restructuring & Bankruptcy

Unfair preference issues table

Issues table for a payment said to be an unfair preference, using sections 588FA, 588FC, 588FE(2) and 588FG. It does not demand repayment.

Kind
Checklist. Steps or checks to work through and tick off.
Where it applies
Commonwealth
AI use
Yellow You and the tool draft together, with you directing. You check every statement you rely on.
Law stated as at
22 October 2026
Status
Maintained. Checked on 22 October 2026 against the 4 authorities it cites, for Commonwealth.
Version
1
Source
Written for this library

When to use it

Use when a liquidator or a creditor is sorting payments before a letter of demand or a defence is written.

Used for these tasks

Each task page says how far AI may help with the task and what the lawyer must review.

How AI may be used

The tool lists payments by date and amount from a bank statement the lawyer supplies, and the lawyer decides which payments are in the relation-back period and whether a defence is open.

AI may

  • List payments with dates and amounts from the statement.
  • Mark a running account where the lawyer says the payments are part of one relationship.

AI must not

  • Do not conclude that a payment is an unfair preference or is voidable.
  • Do not draft a letter of demand or a defence.
  • Do not calculate the relation-back day. The definition was not opened.

The lawyer checks

  • Section 588FA(1) requires a transaction between the company and the creditor that gives the creditor more, in respect of an unsecured debt, than it would receive if it proved in the winding up.
  • A secured debt is unsecured to the extent the debt is not reflected in the value of the security.
  • Section 588FE(2) is the six-month path read for this table. Other subsections of section 588FE were not set out.

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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