Intelligence
Find out what we know as we learn it. The latest news, legal developments and deals relevant to you with our expert analysis
Nov232015
When can a non-director appoint an administrator?
Insolvency practitioners are well aware of the power of directors to appoint an administrator to a company. However, the question...
Nov172015
New verification of identity requirements for lenders
From 9 November 2015 lenders will need to meet a higher identification standard in relation to mortgagors prior to granting...
Nov172015
The pitfalls of litigation funding and security for costs
ERA Legal has successfully obtained an order for security for costs against a company in liquidation in circumstances where the...
Nov162015
When can the Court “go behind” a judgment in bankruptcy proceedings?
In the recent decision of Ramsay Health Care Australia Pty Ltd v Compton [2015] FCA 1207, the Federal Court of Australia...
Nov092015
Don’t lose interest! Always remember to register on the PPSR!
The Personal Property Securities Act 2009 (Cth) (PPSA) provides strict time limits for the registration of a security interest on...
Nov042015
Court rejects complaints about reasonable restraints
The recent decision of the full court of the Supreme Court of South Australian in Richmond v Moore Stephens Adelaide...
Nov022015
The SEPA effect: How not to serve an application to set aside a statutory demand
When a company receives a Creditor’s Statutory Demand for Payment of Debt (Statutory Demand) which is perhaps defective or the...
Oct282015
Small businesses gaining protection
The Treasury Legislation Amendment (Small Business and Unfair Contract Terms) Bill 2015 (the Bill) was passed through parliament on the 26th October...
Oct262015
Judicial directions available to liquidators on controversial commercial judgement calls
In the recent decision of Idoport Pty Limited (in liquidation) [2015] NSWSC 1412 (Idoport) the Supreme Court of New South...
Oct212015
Big trouble in Liddell Bankruptcy – Proper notice of meetings is essential!
The perils of failing to notify a creditor about a meeting at which they are entitled to both attend and...
Oct202015
NSW Globe making it a little easier for Purchasers
Investors and home-buyers can now access historical property sales prices dating back to 2001 free of charge. Property sales information...
Oct162015
Invalid releases in a deed of company arrangement
It is not uncommon for parties other than the company itself to propose a Deed of Company Arrangement (DOCA) to...
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