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
Shareholders and the right to inspect co....
The holders of shares in a company do not generally have an automatic right of access to the...
Give me one good reason! Setting aside a....
In the recent Supreme Court of New South Wales decision of PostNet Australia Pty Ltd [2017] NSWSC...
Palmer Drama
On 8 February 2017 the High Court of Australia delivered its judgment in the matter of Clive...
PPSR Update: Serial Numbered Property
If a party provides, as security, collateral that is serial numbered (for example, a motor...
Termination of winding up revisited
In the recent decision of In the matter of The Wills Group Pty Limited (in liquidation) [2016]...
ACN or ABN – the $23,000,000 quest....
It is often stressed how important it is to correctly register a security interest on the Personal...
Historical security interests on the PPS....
The Personal Property Securities Register (PPSR) is the single national register of security...
Consequences of failing to maintain a co....
In the recent decision of In the matter of Swan Services Pty Limited (in liquidation) [2016] NSWSC...
Don’t take it personally: Bankrupt....
The law surrounding whether amounts which become payable under personal guarantees following a...
Perfect possession
What happens when you have a unperfected security interest and the grantor is wound up, appoints...
Describing the collateral in your PPSR r....
When registering a security interest on the Personal Property Securities Register (PPSR), a user...
Dealing with it in Victoria too! Introdu....
In November of 2016 we reported on the introduction of Priority Notices in New South Wales. On 9...
The danger of a small deposit
It is the norm in New South Wales for a deposit of 10% to be paid on exchange of a contract for...
Increase in Personal Insolvencies rounds....
On 17 January 2017, the Australian Financial Security Authority (AFSA) released its data on...
Demolishing tenants’ repair obliga....
Tenants should make sure they aren’t caught out having to carry out or make payment in lieu for...
Liquidators’ Late Amendment Upheld....
The decision of the New South Wales Court of Appeal in Sydney Recycling Park Pty Ltd v Cardinal...
Why do companies fail?
On 24 November 2016, the Reserve Bank of Australia (RBA) released a Research Discussion Paper...
A hit on the Chief Commissioner’s....
Does a disclaimer signed by a beneficiary of a trust mean that the grouping provisions of the...
Christmas and New Year Office Hours
ERA Legal is getting ready to celebrate another sunny Australian Christmas. 2016 was a great...
PPSR Deadline: New Year, Old Registratio....
Back in 2012 when the Personal Property Securities Act 2009 (Cth) (PPSA) came into...
LPI Update – Requisition fees
Effective from 1 January 2017 Land and Property Information New South Wales (LPI) will charge fees...
Bankruptcy Update: When does an insuranc....
It is well-established that pursuant to section 60(2) of the Bankruptcy Act 1966 (Cth) (Act) any...
Access Granted: Liquidators successfully....
In the High Court's decision in CGU Insurance Limited v Blakeley [2016] HCA 2 the Court confirmed...
Liquidators Take Note: ASIC Compliance D....
The Australian Securities and Investments Commission (ASIC) is continuing its drive to improve...