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

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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...
Feb052018

Company assets: are you sure?

The recent Federal Court of Australia Cussen (Liq), in the matter of Zerren Pty Ltd (in liq) [2017] FCA 981...
Feb052018

Combatting Illegal Phoenixing

The Turnbull Government’s reform package released in September 2017, Combating Illegal Phoenixing, outlines a range of measures designed to identify,...
Feb022018

Yet another reminder to take care during settlement negotiations!

In the case of Buildum Construction Pty Ltd v Pile & Bucket Pty Ltd [2017] NSWSC 1260, the Supreme Court of New...
Jan222018

Possession Perfection: The appointment of a receiver and perfection by possession

Justice Markovic of the Federal Court of Australia in Knauf Plasterboard Pty Ltd v Plasterboard West Pty Ltd (in liquidation)...
Jan222018

Direct Duty to Creditors?

The Full Court of the Supreme Court of South Australia (the Court) recently handed down its judgment in the long...
Dec152017

Beware! Informal negotiations can create binding agreements

It is a widely held misconception that the term “contract” only refers to a fully executed document containing detailed terms...
Aug302017

Salim Chance: a lesson in timely communication, good recording keeping, and ‘holding out’

The recent case of In the matter of Sydney Project Group Pty Ltd (Administrators Appointed) (Receivers and Managers Appointed) and S.E.T....
Sep122016

Administration will not always save directors from a Guarantee

In the recent Supreme Court of New South Wales decision of Mizuho Bank Ltd v Ackroyd, the Court confirmed that...
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