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
ARITA Discussion Paper Released
ARITA, the Australian Restructuring and Insolvency Turnaround Association, has released a new...
Federal Court: No duty of loyalty
A recent Federal Court decision has found that solicitors do not owe any overarching duty of...
High Court: Builder owes no duty of care....
The High Court in Brookfield Multiplex v SP61288 has ruled that the builder of an apartment...
Open Season for PPSR Review
The first of four review papers considering the operation of the Personal Property Securities Act...
The Pozzebons’ bad day
Last Wednesday, Mr and Mrs Pozzebon had a bad day. They learnt that their failure to submit...
Federal Court: Liquidators are not....
A surprising Federal Court decision has determined that a liquidator "is not an officer of the...
Court of Appeal thwarts attempt to stifl....
A liquidator does not always need to provide security for costs when bringing actions in the name...
Irish court allows liquidator to serve p....
An Irish court has allowed a liquidator to serve papers via LinkedIn. For more information, see...
Out of control – VSC punts unregistered....
The Corporations Act has different requirements for “controllers” and “receivers” – notably the...
Bailed out – PPSA loopholes closed
A recent decision has shed light on when bailments and consignments will be deemed to be “security...
Remuneration ravaged, expenses disallowe....
In a decision handed down yesterday, the Supreme Court got well and truly stuck in to liquidators...
Capping redundancy payouts in insolvenci....
A proposed amendment to the Fair Entitlements Guarantee Act 2012 (Cth) is presently before Federal...
First bite of the pie
When you have two caveators both claiming the same money, who gets paid first? This was one of the...
Elite Group Appointment of Liquidators S....
In March 2014, ERA Legal appeared in the Federal Court of Australia and obtained orders for the...
High Court narrows grounds for rejection....
In the decision of Maxwell v Highway Haulers Pty Ltd the High Court has endorsed a broader...
Removing security interests the cheap wa....
With the introduction of the Personal Properties Securities Register, there is now a streamlined...
Insolvency proven in matter involving 27....
ERA Legal recently appeared in the Supreme Court of New South Wales on an application to have the...
Avoiding SOPA adjudications ain’t....
In the recent case of Seabreeze v Topsou, a developer learned that it ain't a breeze to avoid the...
Limitation period for building claims in....
The Victorian Court of Appeal has resolved uncertainty surrounding the limitation period applying...
Liquidator remuneration rights clarified
A recent decision of the Supreme Court of NSW has concluded that the cases "establish clearly...
Liquidators of 1st Fleet obtain judgment....
ERA Legal recently acted for the liquidators of 1st Fleet Pty Limited (in liquidation) in...
AFSA updates complaint handling process
The Australian Financial Security Authority (AFSA) has revised its process for handling...
Supreme Court puts Hall v Poolman back i....
In a well known 2009 decision, Hall v Poolman [2009] NSWCA 64, a liquidator was criticised for...
A shot across the bows
Do liquidators have a duty of care to the guarantors of secured debt? A recent decision of the...