The sale of a company for “market....

Jun 8, 2016

The Delaware Court of Chancery recently over-ruled the market in determining that the board of Dell Inc. sold the company for too little when taken over by a buyout group in 2013 despite there being no higher offer.  This could prove a dangerous precedent if adopted...

Administrators vindicated in exercising....

Jun 7, 2016

ERA Legal has successfully protected the subsequent purchasers of intellectual property acquired from the administrators of a company, in proceedings undertaken in which orders were sought to have the subject sale set aside. It was argued that the sale agreement...

You may be liable for more than the cred....

Jun 6, 2016

Directors should beware, the credit limit you nominate on a trade application does not necessarily limit what you’re liable for as the guarantor. In Crane Distribution v Yang, Crane Distribution (trading as Tradelink) (Tradelink) entered into a credit agreement...

Residents prevail over Council’s staunch....

Jun 2, 2016

ERA Legal has successfully represented the owners of a property in a matter against the Northern Beaches Council (previously Pittwater Council) in circumstances where a building certificate was sought retrospectively in relation to modifications carried out to...

Starships are meant to fly! Administrato....

May 30, 2016

When voluntary administrators are appointed to companies with complex corporate structures or business operations, the time afforded to them by section 439A(2) of the Corporations Act 2001 (Cth.) (the Act) to prepare their report to creditors (439A Report) and to...