Unwinding a winding up order – upd....

Jul 13, 2016

Back in January 2015, we published an article which detailed the law surrounding setting aside a winding up order (as distinct from terminating a winding up).  The recent case of Sadiqi, in the matter of Cook Islands Christian Church of Australia Limited (in liq) v...

ARITA’s submission on insolvency l....

Jul 11, 2016

ARITA recently lodged a submission in response to the Federal Government’s proposal paper “Improving Bankruptcy and Insolvency Laws”.  We provide a brief summary of ARITA’s position on some aspects of the proposed reforms. Reduction in default...

Announcing the Promotions of Beau Weigan....

Jul 1, 2016

ERA Legal is pleased to announce the promotions of Beau Weigand to Senior Associate and Blake O’Neill and Kylie Lundy to Associate. Beau has been with ERA Legal since 2008 and is a member of our litigation team.  Beau’s primary practice is complex commercial...

Directors beware: Always maintain your b....

Jun 30, 2016

The Supreme Court of Victoria recently handed down its judgement in ACN 103 220 766 Pty Ltd (Formerly ispONE Pty Ltd) (In Liquidation) [2016] VSC 275. What happened? The Director of ispONE Pty Ltd (the Company) had been in his position since 2003. From 2007 to 2012...

How do liquidators admit evidence of bus....

Jun 27, 2016

Business records are frequently used as evidence by litigants in proceedings however, a business record is a form of hearsay, and as such, section 59 of the Evidence Act 1995 (Cth) prohibits a business record being admitted as evidence. Section 59, known as the...