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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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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