Intelligence
Find out what we know as we learn it. The latest news, legal developments and deals relevant to you with our expert analysis.
News
PPSA regime imminent for PNG
A new Personal Property Security regime is anticipated to commence in Papua New Guinea before the...
No ‘likes’ for courtroom sel....
In a victory for the painfully obvious, a Judge in the US has ordered a criminal defence lawyer to...
ATO Winding-up blitz shows no signs of s....
The ATO winding-up blitz (as reported by ERA Legal in June and July) has continued throughout...
Defective Statutory Demand? Whose....
The Federal Court of Australia has affirmed that the existence of technical defect in a Statutory...
Amendments to the PPSA about to come int....
The Australian Parliament has recently passed legislation amending the Personal Property...
ASIC’s four year plan to target li....
ASIC has released its 2015-16 to 2018-19 Corporate Plan setting out strategic priorities...
The apprehension of bias
Former High Court judge Dyson Heydon’s (Heydon) credibility as the royal commissioner...
Liquidator successfully obtains orders t....
In Hathway (in his capacity as liquidator of Tightrope Retail Pty Ltd (in liq)) v Tripolitis, ERA...
Big changes to strata laws
The NSW Government has announced more than 90 changes to strata laws this year. Given the amount...
Regulating Digital Currency
Virtual currencies, such as Bitcoin, have been in the news and growing in popularity. Businesses...
Security for payment during insolvency
Generally, where a successful adjudication applicant applies to the court for leave to enforce a...
Consider the alternatives to bankruptcy....
Personal insolvency statistics released by the Australian Financial Security Authority indicate...
Better safe than sorry – seek advi....
The recent decision of the Federal Court of Australia in Smith v Boné, in the matter of ACN 002...
Binding Non-Parties to Court Orders
What is a liquidator to do in circumstances where a company in liquidation is ostensibly bound by...
The retrospective corrective
The Federal Court was recently faced with an application for leave for a company to be wound up...
Five things to consider before signing a....
In both the business and personal world, contracts govern the relationship between parties to a...
Just plain old ordinary language
Recently in Wong v McDonald [2015] FCCA 2120 the Federal Circuit Court of Australia affirmed that...
Insolvency Practitioner Compliance Progr....
The Australian Financial Security Authority (AFSA) has now released its 2015-16 Insolvency...
Prejudice and disclaimers
In the decision of Steinhardt v Trenfield & Park as liquidators of Wealth Base South Coolum...
ASIC proposes liquidators fund their own....
The Assistant Treasurer has released a Consultation Paper today which proposes a "user pays" model...
When a technical defect is not defective....
In In the matter of Leasing Holdings Pty Limited (formerly Charlie Lovett Pty Limited), a landlord...
The court’s discretion in appointi....
The Supreme Court of New South Wales has recently clarified the circumstances in which it will be...
Clash of the Codes resolved off the pitc....
The dispute between Brisbane Roar Soccer Club and Queensland Rugby has reportedly been resolved...
Setting aside a creditors’ resolut....
Pursuant to section 600A of the Corporations Act 2001 (Cth) (the Act) the court may on application...