Intelligence

Find out what we know as we learn it. The latest news, legal developments and deals relevant to you with our expert analysis

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Sep232015

The apprehension of bias

Former High Court judge Dyson Heydon’s (Heydon) credibility as the royal commissioner investigating corruption into trade unions was recently thrown into doubt. Calls...
Sep222015

Liquidator successfully obtains orders to cross-examine defendants on their financial positions

In Hathway (in his capacity as liquidator of Tightrope Retail Pty Ltd (in liq)) v Tripolitis, ERA Legal persuaded the...
Sep172015

Big changes to strata laws

The NSW Government has announced more than 90 changes to strata laws this year.  Given the amount of strata titled...
Sep102015

Regulating Digital Currency

Virtual currencies, such as Bitcoin, have been in the news and growing in popularity.  Businesses now exist solely to help...
Sep102015

Security for payment during insolvency

Generally, where a successful adjudication applicant applies to the court for leave to enforce a determination pursuant to s43 of the...
Sep092015

Consider the alternatives to bankruptcy – personal insolvency declines

Personal insolvency statistics released by the Australian Financial Security Authority indicate that the number of bankruptcies and other formal personal insolvency arrangements are...
Sep082015

Better safe than sorry – seek advice when in financial difficulty

The recent decision of the Federal Court of Australia in Smith v Boné, in the matter of ACN 002 864 002...
Sep072015

Binding Non-Parties to Court Orders

What is a liquidator to do in circumstances where a company in liquidation is ostensibly bound by a court order...
Sep042015

The retrospective corrective

The Federal Court was recently faced with an application for leave for a company to be wound up voluntarily in...
Sep042015

Five things to consider before signing a contract

In both the business and personal world, contracts govern the relationship between parties to a transactions.  When considering entering into...
Sep022015

Just plain old ordinary language

Recently in Wong v McDonald [2015] FCCA 2120 the Federal Circuit Court of Australia affirmed that although guarantees are instruments to be...
Aug312015

Insolvency Practitioner Compliance Program Released

The Australian Financial Security Authority (AFSA) has now released its 2015-16 Insolvency Practitioner Compliance Program. Whilst the program is not...
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