Not just ticking the boxes: The Court....

Oct 4, 2016

In the recent decision of Gleeson J in The matter of Kimberley Diamond Company  Pty Ltd (in liq) [2016] FCA 10016, ERA Legal successfully obtained orders in the Federal Court of Australia setting aside an Order for Production and permanently staying an Examination...

PPSR: Fix your errors before it’s too la....

Oct 3, 2016

In the recent decision, In the matter of Accolade Wines Australia Limited [2016] NSWSC 1023 (Accolade Wines), the Supreme Court of New South Wales has provided some comfort to secured parties who inadvertently fail to register valid security interests within the...

Bankruptcy update: Going behind the judg....

Sep 26, 2016

In a recent decision of the Full Court of the Federal Court, it was determined that in bankruptcy proceedings, the Court should go behind a judgment obtained in the Supreme Court by the petitioning creditor, to determine whether there was sufficient proof of the...

The costs of aggression

Sep 21, 2016

An administrator has recently paid a heavy price for the approach he (and his lawyers) took in Court proceedings. The case is an object lesson in what not to do and teaches that aggression is not always the appropriate response to a challenge. In the matter of Condor...

Remuneration, what is reasonable?

Sep 5, 2016

In the matter of GPJ Investments Pty Limited and in the matter of Angelides Investments Pty Limited [2016] NSWSC 1173, the liquidators of GPJ Investments Pty Limited (GPJ) and Angelides Investments Pty Limited (AI) made an application for the approval of their...