Payments Made to a Superannuation Fund – Are They Safe From the Bankruptcy Trustee?

Radhika Kanhai, Abhinav Sharma and Emily Jarman of Moray & Agnew use a recent case to remind trustees that while they can claw back certain payments made to the bankrupt’s superannuation fund in certain circumstances, there is a high evidentiary burden placed on them to establish “the business carried on” requirement of establishing the rebuttable presumption of insolvency.

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