This note considers the principles, practice and procedure relevant to the so-called avoidance provisions in the Bankruptcy Act 1966 (Cth). It examines certain pre-bankruptcy transactions that are able to be challenged and property that may be recovered for the benefit of all creditors, including undervalued transactions, transfers to defeat creditors, preference payments and superannuation contributions made to defeat creditors. It also addresses the types of relief the trustee may seek and particular considerations for cross-border bankruptcy recovery actions.
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