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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.

Lawyers now more equal

A recent decision of The High Court of Australia in Bell Lawyers Pty Ltd V Pentelow [2019] HCA 29 has removed from Australian law a benefit lawyers (more properly solicitors) have enjoyed for well over 100 years. It is usually the case that a party who is successful...

May the enforcement be with you: The Sta....

On the 27th of August 2018 the State Debt Recovery Act 2018 (NSW) (Act) commenced, giving various state agencies new powers to recover debts without having to commence court proceedings. The following debts, broadly defined as State Debts (State Debts), are...

Trust your limitations: Time limits for....

In the recent decision of Lewis Securities Ltd (in liquidation) v Carter [2018] NSWCA 118 (Lewis Securities) the NSW Court of Appeal provided some useful insight into the limitation period that applies to actions arising from breaches of fiduciary duties by a company...

A little or a Lot: costs orders in proce....

It is not uncommon for disputes between owners of lots within a strata plan to end up before a court for determination. Whether it is an Owners Corporation bringing an action for unpaid strata levies or an individual lot owner making a claim against the Owners...

Preliminary discovery: not enough inform....

Prior to the commencement of legal proceedings, a prospective litigant may apply to the Federal Court of Australia for orders for preliminary discovery of documents from a prospective respondent. The purpose of this is to enable the prospective litigant to determine...

Litigation Funding: What the court will....

The Federal Court of Australia in Marsden, in the matter of Unified Business Communications Group Pty Ltd (in liq) [2018] FCA 272 considered an application by the liquidator of Unified Business Communications Group Pty Ltd (in liquidation) (the Company) under section...

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