Articles
Find out what we know as we learn it. The latest news, legal developments and deals relevant to you with our expert analysis.
News
A little or a Lot: costs orders in proce....
It is not uncommon for disputes between owners of lots within a strata plan to end up before a...
Lest we offset – When are statutory dema....
The courts have again confirmed that statutory demands are not an appropriate mechanism to recover...
Preliminary discovery: not enough inform....
Prior to the commencement of legal proceedings, a prospective litigant may apply to the Federal...
Reinstating a discharged PPSR security i....
The Personal Property Security Register (PPSR) is the register upon which security interests may...
Statutory demands – revisiting a g....
On 18 August 2017, his Honour Black J dismissed with costs an application by which Creata (Aust)...
ERA Legal helps a favoured return
ERA Legal recently acted for the liquidator of Hawden Property Group Pty Ltd (in liquidation)...
Quistclose, but no cigar: preference cla....
In the recent decision of Rambaldi (Trustee) v Commissioner of Taxation, in the matter of Alex...
Litigation Funding: What the court will....
The Federal Court of Australia in Marsden, in the matter of Unified Business Communications Group...
Service on a company: when serving docum....
The recent Supreme Court of New South Wales (the Court) decision In the matter of K-Bek Motors Pty...
PPSA: when the grantor registers a secur....
It is not uncommon for a lender, when completing it's due diligence process, to come across...
Unfair Contracts regime enforced by Fede....
In November 2016 we reported that the Treasury Legislation Amendment (Small Business and Unfair...
PPSA – the 20 business day rule: w....
In the matter of David Brown Gear Industries Pty Ltd [2017] NSWSC 907, the Plaintiff sought orders...
Voidable transactions – the one wh....
The Supreme Court of Queensland recently considered an application under section 588FF(3)(b) of...
Service by post – but I didn....
The recent decision of Szepesvary v Weston (Trustee), in the matter of Szepesvary (Bankrupt) (No...
PPSA Financial Property: the sub-classif....
The Personal Property Securities Act 2009 (Cth.) (PPSA) applies to security interests in personal...
Would the real Applicant please wind-up!....
In the decision of In the matter of IR Services (Qld) Pty Limited [2017] NSWSC 1823, Black J...
The Australian Financial Complaints Auth....
The Federal Government is on track to establish a new external dispute resolution framework aimed...
Financial agreements: undue influence, u....
On 8 November 2017, the High Court handed down its decision in Thorne v Kennedy [2017] HCA 49,...
Be transparent or pay the price
In a recent decision In the matter of Boss Engineering (NSW) Pty Limited [2017] NSWSC 1334 (Boss...
A foreign regime – winding up over....
Foreign entities conducting business in Australia are an incredibly common feature of Australia’s...
Company assets: are you sure?
The recent Federal Court of Australia Cussen (Liq), in the matter of Zerren Pty Ltd (in liq)...
Combatting Illegal Phoenixing
The Turnbull Government's reform package released in September 2017, Combating Illegal Phoenixing,...
Yet another reminder to take care during....
In the case of Buildum Construction Pty Ltd v Pile & Bucket Pty Ltd [2017] NSWSC 1260, the...
Possession Perfection: The appointment o....
Justice Markovic of the Federal Court of Australia in Knauf Plasterboard Pty Ltd v Plasterboard...