Insolvency litigation and company books and proofs: Evidentiary lessons for Australian liquidators

Paul Buitendag and Daniel Teoh of HFW examine two recent Federal Court decisions showing how the quality of company books and records can make or break insolvency litigation, with section 1305 of the Corporations Act giving statutory records prima facie evidentiary weight that cannot be displaced by selective accounting, bare assertion or suspicion, while also underscoring the need for liquidators to investigate and corroborate disputed transactions before bringing claims.

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