Intelligence
Find out what we know as we learn it. The latest news, legal developments and deals relevant to you with our expert analysis
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...
Jul012014
Insolvency Tip #4: Defence, no part in management of company!
In some circumstances a director who has been served with a DPN may have a defence. Find out more by...
Jun302014
Insolvency Tip #3: Non–receipt of DPN not a defence!
It is very important for directors and their professional advisers to be aware that the Deputy Commissioner of Taxation (DCT)...
Jun262014
Bringing US Chapter 11 to Australia
The Senate Economics Reference Committee has released a report recommending that federal parliament investigate implementing a US style “Chapter 11”...
Jun262014
Insolvency Tip #2: Directors’ liability for unpaid taxes!
Did you know that the directors of companies are personally liable for any unremitted taxes withheld by the company and...
Jun232014
Insolvency Tip #1: Directors’ liability to ATO!
It is important for directors and their professional advisers to remember that if, at any time whilst a company is...
Jun162014
Shooting of liquidators: un-Australian
Being a liquidator can be a risky business. Liquidators (and their legal advisers) have a long tradition of putting their...
May212014
Receivers of voidable security – are they personally liable?
Receivers are always placed in a difficult position when they are first appointed. That difficulty is only exacerbated when the...
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