ERA Legal helps a favoured return

May 7, 2018

ERA Legal recently acted for the liquidator of Hawden Property Group Pty Ltd (in liquidation) (Company) seeking directions from the Court pursuant to section 90-15 of Schedule 2 (IPSC) to the Corporations Act 2001 (Cth) (Act) in relation to: the application of a set...

Quistclose, but no cigar: preference cla....

May 7, 2018

In the recent decision of Rambaldi (Trustee) v Commissioner of Taxation, in the matter of Alex (Bankrupt) [2017] FCA 567 the Full Court of the Federal Court of Australia dismissed an appeal by a bankruptcy trustee of a finding by the Federal Court that a loan to a...

Litigation Funding: What the court will....

Apr 30, 2018

The Federal Court of Australia in Marsden, in the matter of Unified Business Communications Group Pty Ltd (in liq) [2018] FCA 272 considered an application by the liquidator of Unified Business Communications Group Pty Ltd (in liquidation) (the Company) under section...

Service on a company: when serving docum....

Apr 10, 2018

The recent Supreme Court of New South Wales (the Court) decision In the matter of K-Bek Motors Pty Ltd [2017] NSWSC 183 serves as a timely reminder that the service of documents on a company’s registered office may not always suffice.  In circumstances where there is...

Unfair Contracts regime enforced by Fede....

Apr 9, 2018

In November 2016 we reported that the Treasury Legislation Amendment (Small Business and Unfair Contract Terms) Act 2015 (Cth) came into effect on 12 November 2016 with the purpose of protecting small business and extending existing unfair contract term protections...