Assignment 1 Semester 1 2026
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Due Date: 2 March 2026
QUESTION 1
Voidable Preference
A voidable preference happens when a person, just before becoming insolvent, pays one
creditor in a way that gives that creditor an unfair advantage over the others. This is not
allowed because it breaks the rule that all creditors should be treated equally during
insolvency.
To set aside a voidable preference under section 29(1) of the Insolvency Act, the trustee
must prove the following:
The insolvent made the payment or gave away something (a disposition).
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