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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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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