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...

Following Fortress: extending limitation....

Oct 3, 2016

Pursuant to section 588FF(3) of the Corporations Act 2001 (Cth) (the Act), a liquidator has three years from the “relation back day” or 12 months after their appointment (whichever is later) to apply to the Court for orders and declarations with respect to...

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...

Tips in Enforcing Assigned Debts

Sep 23, 2016

It is common for debts to be assigned by creditors for numerous reasons.  Once a debt is assigned however it does not mean the assignee can seek to enforce the debt without facing potential difficulties. Firstly, a question might arise as to whether the assignment is...

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...