Intelligence
Find out what we know as we learn it. The latest news, legal developments and deals relevant to you with our expert analysis
Sep052014
Insolvency proven in matter involving 27 defendants
ERA Legal recently appeared in the Supreme Court of New South Wales on an application to have the solvency of...
Sep032014
Avoiding SOPA adjudications ain’t a breeze
In the recent case of Seabreeze v Topsou, a developer learned that it ain’t a breeze to avoid the application...
Sep032014
Limitation period for building claims in Victoria clarified
The Victorian Court of Appeal has resolved uncertainty surrounding the limitation period applying to building claims brought under the Building...
Aug302014
Liquidator remuneration rights clarified
A recent decision of the Supreme Court of NSW has concluded that the cases “establish clearly enough” that, where a...
Aug272014
Liquidators of 1st Fleet obtain judgment in Local Court
ERA Legal recently acted for the liquidators of 1st Fleet Pty Limited (in liquidation) in obtaining a judgment in excess...
Aug262014
AFSA updates complaint handling process
The Australian Financial Security Authority (AFSA) has revised its process for handling complaints about the conduct of bankruptcy trustees. Key changes include:...
Aug152014
Supreme Court puts Hall v Poolman back in its box
In a well known 2009 decision, Hall v Poolman [2009] NSWCA 64, a liquidator was criticised for pursuing a claim...
Aug112014
A shot across the bows
Do liquidators have a duty of care to the guarantors of secured debt? A recent decision of the Victorian Supreme...
Aug072014
Fraud, corruption, and coldies at the Lord Stanley
The last week has seen a flurry of interesting court decisions from State and Federal courts. Six decisions are of...
Jul202014
Insolvency Issues for Accountants
Over the coming months ERA Legal will be hosting a number of seminars throughout Sydney and the Gold Coast covering...
Jul162014
Challenging the rejection of a proof of debt: Strike 2 for the EPA
In a judgment that demonstrates that a statutory authority’s claim in a proof of debt should not necessarily be taken...
Jul032014
Insolvency Tip #5: Defence, all reasonable steps taken to comply with!
If a director is able to establish that the director took all reasonable steps to comply with a DPN, or...
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