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Recent news and updates in ERA Legal. If you would like help with any legal issue please call the experts at ERA Legal for advice.

What is a “Construction Contract....

New definition of a “section 4 arrangement”? In the judgment of Lendlease Engineering Pty Ltd v Timecon Pty Ltd [2019] NSWSC 685, the New South Wales Supreme Court considered the interpretation of section 4 of the Building and Construction Industry Security of Payment...

Selling assets in breach of trust: seeki....

We recently wrote about issues arising from the amendment of a trust deed prior to an insolvency event, including the removal of ipso facto clauses that have the effect of automatically removing corporate trustees (which continue to act as a bare trustee if not...
Recourse to security and “no injun....

Recourse to security and “no injun....

Security under construction contracts Construction contracts in use in Australia often require security to be provided by the contractor for the performance of its obligations under the contract.  Commonly, the security is in the form of retention money, bank...

Ordering accounts in mortgagor-mortgagee....

In Rowe v National Australia Bank Limited [2019] WASCA 140 (Rowe) the Western Australian Court of Appeal recently delivered a useful judgment summarising the Court’s power to order an account in a mortgagor-mortgagee relationship. The basis for ordering an...

Staying winding up orders: Can directors....

In the recent decision of Deputy Commissioner of Taxation v NRA Engineering Pty. Ltd. (in liq) [2019] FCA 1567, Justice Anderson of the Federal Court of Australia dealt with an application made by the director of a liquidated company seeking to stay the winding up...

“Attaching” judgment to a bankruptcy not....

In Mastronardo v Commonwealth Bank of Australia Limited [2019] FCAFC 127 the Full Court of the Federal Court of Australia recently provided some insight into the formalities of issuing bankruptcy notices. Mr and Mrs Mastronardo were each served with bankruptcy notices...

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