2—Voidable transactions 588FA Unfair preferences (1) A transaction is an unfair preference given by a company to a creditor of the company if, and only if: (a) the company and the creditor are parties to the transaction (even if someone else is also a party); and (b) the transaction results in the creditor receiving from the company, in respect of an unsecured debt that the company owes to the creditor, more than the creditor would receive from the company in respect of the debt if the transaction were set aside and the creditor were to prove for the debt in a winding up of the company; even if the transaction is entered into, is given effect to, or is required to be given effect to, because of an order of an Australian court or a direction by an agency. (2) For the purposes of subsection (1), a secured debt is taken to be unsecured to the extent of so much of it (if any) as is not reflected in the value of the security.

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Assignment Marking Guide Introduction 10% Effective introduction to the issue(s) within a few sentences telling what the topic of the Assignment will be. Format – Body 60% The main points are coherently presented and the logic is clear; The relevant laws are concisely and precisely presented with proper authority quoted; The analysis is persuasive and clearly presented. Format – Conclusion10% Referencing 10% Correctly formatted citations are included where appropriate, all citations are included in the footnotes, all references are cited in the Assignment and the bibliography is correctly formatted. Presentation, grammar, punctuation and spelling 10% Formatting requirements are strictly followed and there are no spelling, punctuation or grammatical errors.?????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????