Articles

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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Sep182019

Enforcement of statutory debt under section 15 of the SOP Act

Introduction This article discusses the judgments in disputes known as A-Tech Australia v Top Pacific Constructions Australia which illustrate how...
Sep112019

The devil in the detail of Payment Schedules under the Security of Payment legislation

The devil is in the detail – how detailed do Payment Schedules need to be under the Building and Construction...
Sep102019

Lawyers now more equal

A recent decision of The High Court of Australia in Bell Lawyers Pty Ltd V Pentelow [2019] HCA 29 has...
Sep052019

Amending trust deeds pre-liquidation – a cautionary tale

The continuing saga of insolvent trustees: amending instruments immediately before liquidation In the recent decision in Carrello, in the matter of...
Sep042019

When to elect to proceed to Adjudication or Court under the Security of Payment legislation?

A case note on Seymour Whyte Constructions v Ostwald Bros (in liq) [2019] NSWCA 11 The Robert Frost poem “The...
Aug272019

Winding up applications and related party creditors

When one creditor is more equal than the other: winding up applications and related party creditors In the recent decision In...
Oct222018

Costs orders against third party directors: the consequences of being obstructive in winding up proceedings

In the recent decision of Vanguard 2017 Pty Limited, in the matter of Modena Properties Pty Limited v Modena Properties...
Oct222018

Trust assets… What’s the deal?

ERA Legal recently acted for the liquidator (Liquidator) of Triangle Sheetmetal Pty Ltd (in liquidation) (Company) seeking, amongst other things,...
Oct222018

Set off issue resolved

In the matter of Hamersley Iron Pty Ltd v Forge Group Power Pty Ltd (in liquidation) (Receivers and Managers appointed) [2018] WASCA...
Oct082018

ERA Legal helps a favoured return (part 2)

Following on from our recent case study of In the matter of Hawden Property Group Pty Ltd (in liq) (ACN 003 528...
Oct082018

May the enforcement be with you: The State Debt Recovery Act 2018 (NSW)

On the 27th of August 2018 the State Debt Recovery Act 2018 (NSW) (Act) commenced, giving various state agencies new...
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