Case Studies
Find out what we know as we learn it. The latest news, legal developments and deals relevant to you with our expert analysis
News
Directors’ duties to shareholders....
A director of a company always owes fiduciary as well as statutory duties to a company. Could a situation ever rise pursuant to which a director owes a fiduciary duty to a shareholder?
read moreTerminating off the plan contracts and b....
In the judgment of Scott v Ennis-Oakes [2019] NSWSC 1257, the Supreme Court of New South Wales...
read moreCollateral securities: Limits on rights....
The Supreme Court of New South Wales recently considered a subrogation claim by a second mortgagee...
read moreDesign and Building Practitioners Bill:....
Design and Building Practitioners Bill 2019 The Government seeks to impose a number of new...
read moreThe 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.
read moreWhat is a “Construction Contract....
New definition of a “section 4 arrangement”? In the judgment of Lendlease Engineering Pty Ltd v...
read moreSelling assets in breach of trust: seeki....
We recently wrote about issues arising from the amendment of a trust deed prior to an insolvency...
read moreRecourse to security and “no injun....
Security under construction contracts Construction contracts in use in Australia often require...
read moreOrdering accounts in mortgagor-mortgagee....
In Rowe v National Australia Bank Limited [2019] WASCA 140 (Rowe) the Western Australian Court of...
read moreStaying winding up orders: Can directors....
In the recent decision of Deputy Commissioner of Taxation v NRA Engineering Pty. Ltd. (in...
read more“Attaching” judgment to a bankruptcy not....
In Mastronardo v Commonwealth Bank of Australia Limited [2019] FCAFC 127 the Full Court of the...
read moreCombustible cladding laws: a definitive....
A useful guide to navigating the complex web of legislation governing combustible cladding (ACP) in New South Wales.
read moreProgress on Phoenix Activity
A recent decision of the Federal Court of Australia, ACN 093 117 232 Pty Ltd (in liq) V Intelara...
read moreEnforcement of statutory debt under sect....
Introduction This article discusses the judgments in disputes known as A-Tech Australia v Top...
read moreThe 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...
read moreLawyers now more equal
A recent decision of The High Court of Australia in Bell Lawyers Pty Ltd V Pentelow [2019] HCA 29...
read moreAmending trust deeds pre-liquidation – a....
The continuing saga of insolvent trustees: amending instruments immediately before liquidation In...
read moreWhen to elect to proceed to Adjudication....
A case note on Seymour Whyte Constructions v Ostwald Bros (in liq) [2019] NSWCA 11 The Robert...
read moreWinding up applications and related part....
When one creditor is more equal than the other: winding up applications and related party...
read moreWhat can builders and developers expect....
Reminder of the timeline With the commencement of Part 11 of the Strata...
read moreERA Legal appoints 2 Construction partne....
ERA Legal has welcomed two highly experienced construction lawyers to its ranks. Construction...
read moreCosts orders against third party directo....
In the recent decision of Vanguard 2017 Pty Limited, in the matter of Modena Properties Pty...
read moreTrust assets… What’s the dea....
ERA Legal recently acted for the liquidator (Liquidator) of Triangle Sheetmetal Pty Ltd (in...
read moreSet off issue resolved
In the matter of Hamersley Iron Pty Ltd v Forge Group Power Pty Ltd (in liquidation) (Receivers...
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