The pitfalls of litigation funding and s....

Nov 17, 2015

ERA Legal has successfully obtained an order for security for costs against a company in liquidation in circumstances where the plaintiff had obtained litigation funding which funding was in turn secured by an insurance policy that would only respond in the event an...

When can the Court “go behind....

Nov 16, 2015

In the recent decision of Ramsay Health Care Australia Pty Ltd v Compton [2015] FCA 1207, the Federal Court of Australia has reaffirmed the principles which apply to the exercise of the Court’s discretion to “go behind” a judgment upon which a...

Court rejects complaints about reasonabl....

Nov 4, 2015

The recent decision of the full court of the Supreme Court of South Australian in Richmond v Moore Stephens Adelaide Pty Limited [2015] SASCFC 147 affirms that appropriately drafted and reasonable restraint clauses will be enforced by the courts. In Richmond, an...

The SEPA effect: How not to serve an app....

Nov 2, 2015

When a company receives a Creditor’s Statutory Demand for Payment of Debt (Statutory Demand) which is perhaps defective or the subject of a dispute, it is often possible to apply to the Court for orders that the Statutory Demand be set aside. There is invariably...

Big trouble in Liddell Bankruptcy....

Oct 21, 2015

The perils of failing to notify a creditor about a meeting at which they are entitled to both attend and vote were highlighted in the recent decision of the Federal Circuit Court of Australia in Australia and New Zealand Banking Group Ltd v Shilton [2015] FCCA 1783...