Insolvency Law: A Comparative Analysis of the Preference Tests in the Hong Kong Special Administrative Region (HKSAR) and Australia

Abstract:     
This article examines the unfair preference tests under corporate insolvency legislation in the HKSAR and Australia and undertakes a comparison of the law as it exists in relation to the tests in these jurisdictions. It suggests that the objective effects-based test used in the Australian provisions may be more effective in terms of challenging unfair preferences than the subjective desire test based on the actual or presumed intention of the debtor company used in HKSAR.

Keywords: Insolvency Law, corporate insolvency legislation, HKSAR

Working Paper Series