Intelligence
Find out what we know as we learn it. The latest news, legal developments and deals relevant to you with our expert analysis
May242018
Statutory demands – revisiting a genuine dispute
On 18 August 2017, his Honour Black J dismissed with costs an application by which Creata (Aust) Pty Ltd (Creata)...
May072018
ERA Legal helps a favoured return
ERA Legal recently acted for the liquidator of Hawden Property Group Pty Ltd (in liquidation) (Company) seeking directions from the...
May072018
Quistclose, but no cigar: preference claims and transactions made for a specific purpose
In the recent decision of Rambaldi (Trustee) v Commissioner of Taxation, in the matter of Alex (Bankrupt) [2017] FCA 567 the...
Apr302018
Litigation Funding: What the court will consider when determining an application under section 477(2B)
The Federal Court of Australia in Marsden, in the matter of Unified Business Communications Group Pty Ltd (in liq) [2018]...
Apr102018
Service on a company: when serving documents at the registered office will not be enough
The recent Supreme Court of New South Wales (the Court) decision In the matter of K-Bek Motors Pty Ltd [2017] NSWSC...
Apr102018
PPSA: when the grantor registers a security interest…over itself
It is not uncommon for a lender, when completing it’s due diligence process, to come across situations where a proposed...
Apr092018
Unfair Contracts regime enforced by Federal Court
In November 2016 we reported that the Treasury Legislation Amendment (Small Business and Unfair Contract Terms) Act 2015 (Cth) came into effect...
Apr042018
PPSA – the 20 business day rule: when will the court grant an extension of time to register?
In the matter of David Brown Gear Industries Pty Ltd [2017] NSWSC 907, the Plaintiff sought orders pursuant to section...
Mar192018
Voidable transactions – the one who got delay
The Supreme Court of Queensland recently considered an application under section 588FF(3)(b) of the Corporations Act 2001 (Cth) (Act) in...
Mar192018
Service by post – but I didn’t receive that letter?
The recent decision of Szepesvary v Weston (Trustee), in the matter of Szepesvary (Bankrupt) (No 2) [2018] FCA 87 considered...
Mar192018
PPSA Financial Property: the sub-classifications explained
The Personal Property Securities Act 2009 (Cth.) (PPSA) applies to security interests in personal property (i.e. motor vehicles, plant and equipment...
Mar052018
Would the real Applicant please wind-up! – Standing under s 459P of the Corporations Act
In the decision of In the matter of IR Services (Qld) Pty Limited [2017] NSWSC 1823, Black J considered who could apply...
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