Intelligence
Find out what we know as we learn it. The latest news, legal developments and deals relevant to you with our expert analysis
Aug272019
Winding up applications and related party creditors
When one creditor is more equal than the other: winding up applications and related party creditors In the recent decision In...
Oct222018
Costs orders against third party directors: the consequences of being obstructive in winding up proceedings
In the recent decision of Vanguard 2017 Pty Limited, in the matter of Modena Properties Pty Limited v Modena Properties...
Oct222018
Trust assets… What’s the deal?
ERA Legal recently acted for the liquidator (Liquidator) of Triangle Sheetmetal Pty Ltd (in liquidation) (Company) seeking, amongst other things,...
Oct222018
Set off issue resolved
In the matter of Hamersley Iron Pty Ltd v Forge Group Power Pty Ltd (in liquidation) (Receivers and Managers appointed) [2018] WASCA...
Oct082018
ERA Legal helps a favoured return (part 2)
Following on from our recent case study of In the matter of Hawden Property Group Pty Ltd (in liq) (ACN 003 528...
Oct082018
May the enforcement be with you: The State Debt Recovery Act 2018 (NSW)
On the 27th of August 2018 the State Debt Recovery Act 2018 (NSW) (Act) commenced, giving various state agencies new...
Oct082018
Trust your limitations: Time limits for bringing proceedings for breach of fiduciary obligations
In the recent decision of Lewis Securities Ltd (in liquidation) v Carter [2018] NSWCA 118 (Lewis Securities) the NSW Court of...
Jun172018
A little or a Lot: costs orders in proceedings involving Owners Corporations
It is not uncommon for disputes between owners of lots within a strata plan to end up before a court...
Jun152018
Lest we offset – When are statutory demands inappropriate?
The courts have again confirmed that statutory demands are not an appropriate mechanism to recover a debt in circumstances where...
May282018
Preliminary discovery: not enough information to commence a proceeding?
Prior to the commencement of legal proceedings, a prospective litigant may apply to the Federal Court of Australia for orders...
May282018
Reinstating a discharged PPSR security interest: Can it be done?
The Personal Property Security Register (PPSR) is the register upon which security interests may be registered to gain the benefit...
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