Be careful during settlement negotiation....

In the matter of Capital Securities No. 1 Pty Ltd v Roger Saliba [2016] NSWSC 1093, the Supreme Court of NSW considered whether parties had reached a binding agreement to settle a dispute where terms had been agreed in email correspondence but not in a formal...

Annulment of Bankruptcy where assignment....

A recent Federal Court decision highlights the importance of those receiving an assignment of a debt to properly document that assignment and to lead evidence of the assignment if a dispute as to the assignment arises in legal proceedings. Assignment of debts...

Airbnb a little deflated after decision....

Airbnb is one of Silicon Valley’s tech darlings, a so called “unicorn” (a start-up with a $1 billion plus valuation) which arranges for short term accommodation in over 57,000 cities world wide, has more than 500,000 rental bookings each night, and...

Pre-Insolvency advisors are the PITS

In news ERA Legal welcomes strongly, The Australian newspaper today reported that the ATO and ASIC have raided 13 properties in connection with a crackdown on Pre Insolvency Traders (the PITs). As a start of what ERA Legal hopes is a concerted attack by regulators on...

Pre-insolvency hacks – trauma for all in....

ERA Legal has long championed the need for caution when dealing with unlicensed, unregistered and unregulated pre-insolvency advisors. Let’s call them the Pre-Insolvency Traders (the PITs).  We are troubled by the harm the PITS’s inflict, given the often unethical and...