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Find out what we know as we learn it. The latest news, legal developments and deals relevant to you with our expert analysis.
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Design and Building Practitioners Bill:....
Design and Building Practitioners Bill 2019 The Government seeks to impose a number of new...
The Importance of the Harman Undertaking
Supreme Court of New South Wales emphasises the importance of the Harman Undertaking, even in proceedings that are closely related.
What is a “Construction Contract....
New definition of a “section 4 arrangement”? In the judgment of Lendlease Engineering Pty Ltd v...
Selling assets in breach of trust: seeki....
We recently wrote about issues arising from the amendment of a trust deed prior to an insolvency...
Recourse to security and “no injun....
Security under construction contracts Construction contracts in use in Australia often require...
Ordering accounts in mortgagor-mortgagee....
In Rowe v National Australia Bank Limited [2019] WASCA 140 (Rowe) the Western Australian Court of...
Staying winding up orders: Can directors....
In the recent decision of Deputy Commissioner of Taxation v NRA Engineering Pty. Ltd. (in...
“Attaching” judgment to a bankruptcy not....
In Mastronardo v Commonwealth Bank of Australia Limited [2019] FCAFC 127 the Full Court of the...
Combustible cladding laws: a definitive....
A useful guide to navigating the complex web of legislation governing combustible cladding (ACP) in New South Wales.
Progress on Phoenix Activity
A recent decision of the Federal Court of Australia, ACN 093 117 232 Pty Ltd (in liq) V Intelara...
Enforcement of statutory debt under sect....
Introduction This article discusses the judgments in disputes known as A-Tech Australia v Top...
The devil in the detail of Payment Sched....
The devil is in the detail – how detailed do Payment Schedules need to be under the Building and...
Lawyers now more equal
A recent decision of The High Court of Australia in Bell Lawyers Pty Ltd V Pentelow [2019] HCA 29...
Amending trust deeds pre-liquidation – a....
The continuing saga of insolvent trustees: amending instruments immediately before liquidation In...
When to elect to proceed to Adjudication....
A case note on Seymour Whyte Constructions v Ostwald Bros (in liq) [2019] NSWCA 11 The Robert...
Winding up applications and related part....
When one creditor is more equal than the other: winding up applications and related party...
What can builders and developers expect....
Reminder of the timeline With the commencement of Part 11 of the Strata...
ERA Legal appoints 2 Construction partne....
ERA Legal has welcomed two highly experienced construction lawyers to its ranks. Construction...
Costs orders against third party directo....
In the recent decision of Vanguard 2017 Pty Limited, in the matter of Modena Properties Pty...
Trust assets… What’s the dea....
ERA Legal recently acted for the liquidator (Liquidator) of Triangle Sheetmetal Pty Ltd (in...
Set off issue resolved
In the matter of Hamersley Iron Pty Ltd v Forge Group Power Pty Ltd (in liquidation) (Receivers...
ERA Legal helps a favoured return (part....
Following on from our recent case study of In the matter of Hawden Property Group Pty Ltd (in liq)...
May the enforcement be with you: The Sta....
On the 27th of August 2018 the State Debt Recovery Act 2018 (NSW) (Act) commenced, giving various...
Trust your limitations: Time limits for....
In the recent decision of Lewis Securities Ltd (in liquidation) v Carter [2018] NSWCA 118 (Lewis...