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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Oct082018

Trust your limitations: Time limits for bringing proceedings for breach of fiduciary obligations

In the recent decision of Lewis Securities Ltd (in liquidation) v Carter [2018] NSWCA 118 (Lewis Securities) the NSW Court of...
Jun172018

A little or a Lot: costs orders in proceedings involving Owners Corporations

It is not uncommon for disputes between owners of lots within a strata plan to end up before a court...
Jun152018

Lest we offset – When are statutory demands inappropriate?

The courts have again confirmed that statutory demands are not an appropriate mechanism to recover a debt in circumstances where...
May282018

Preliminary discovery: not enough information to commence a proceeding?

Prior to the commencement of legal proceedings, a prospective litigant may apply to the Federal Court of Australia for orders...
May282018

Reinstating a discharged PPSR security interest: Can it be done?

The Personal Property Security Register (PPSR) is the register upon which security interests may be registered to gain the benefit...
May242018

Statutory demands – revisiting a genuine dispute

On 18 August 2017, his Honour Black J dismissed with costs an application by which Creata (Aust) Pty Ltd (Creata)...
May072018

ERA Legal helps a favoured return

ERA Legal recently acted for the liquidator of Hawden Property Group Pty Ltd (in liquidation) (Company) seeking directions from the...
May072018

Quistclose, but no cigar: preference claims and transactions made for a specific purpose

In the recent decision of Rambaldi (Trustee) v Commissioner of Taxation, in the matter of Alex (Bankrupt) [2017] FCA 567 the...
Apr302018

Litigation Funding: What the court will consider when determining an application under section 477(2B)

The Federal Court of Australia in Marsden, in the matter of Unified Business Communications Group Pty Ltd (in liq) [2018]...
Apr102018

Service on a company: when serving documents at the registered office will not be enough

The recent Supreme Court of New South Wales (the Court) decision In the matter of K-Bek Motors Pty Ltd [2017] NSWSC...
Apr102018

PPSA: when the grantor registers a security interest…over itself

It is not uncommon for a lender, when completing it’s due diligence process, to come across situations where a proposed...
Apr092018

Unfair Contracts regime enforced by Federal Court

In November 2016 we reported that the Treasury Legislation Amendment (Small Business and Unfair Contract Terms) Act 2015 (Cth) came into effect...
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