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26 Nov 1212 Decision Impact Statement - Kassem and Secatore

The ATO has issued a Decision Impact Statement in relation to the Full Federal Court decision in FCT v Kassem and Secatore as liquidators of 081 741 531 Pty Ltd (formerly known as Mortlake Hire Pty Ltd) [2012] FCAFC 124 (31 August 2012).

The decision concerned whether payments received by the Commissioner in the company's running balance account and later allocated to pay its superannuation guarantee charge debts, were unfair preferences. The Full Federal Court held that they were, on the basis that the relevant time to consider the preferential nature of a payment is at the actual winding up of the company and not a hypothetical winding up of the company at the time that the payment was made. The Decision Impact Statement states that the Commissioner will act on that basis in future windings up.


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