Intelligence
Find out what we know as we learn it. The latest news, legal developments and deals relevant to you with our expert analysis
Sep172014
Capping redundancy payouts in insolvencies
A proposed amendment to the Fair Entitlements Guarantee Act 2012 (Cth) is presently before Federal Parliament. If this amendment is...
Sep162014
First bite of the pie
When you have two caveators both claiming the same money, who gets paid first? This was one of the several...
Sep122014
Elite Group Appointment of Liquidators Stands
In March 2014, ERA Legal appeared in the Federal Court of Australia and obtained orders for the appointment of provisional...
Sep122014
High Court narrows grounds for rejection of insurance claims
In the decision of Maxwell v Highway Haulers Pty Ltd the High Court has endorsed a broader interpretation of s54(1)...
Sep092014
Removing security interests the cheap way
With the introduction of the Personal Properties Securities Register, there is now a streamlined process where a party is able...
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...
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