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News
Uncategorized
08
Oct 2018
News

Following on from our recent case study of In the matter of Hawden Property Group Pty Ltd (in liq) (ACN 003 528 345) [2018] NSWSC 481 which concerned an application seeking leave of the Court to distribute a surplus in the winding up of Hawden Property Group Pty Ltd (in liquidation) (Company), ERA Legal recently acted for… Read more »

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15
Jun 2018
Articles

The courts have again confirmed that statutory demands are not an appropriate mechanism to recover a debt in circumstances where a genuine dispute or an offsetting claim exists between parties. In the matter of Trico Constructions Pty Limited [2017] NSWSC 1831 concerned an application by Trico Constructions Pty Limited (Trico) to the Supreme Court of… Read more »

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28
May 2018
Articles

The Personal Property Security Register (PPSR) is the register upon which security interests may be registered to gain the benefit of the interest being “perfected” within the meaning of the Personal Property Security Act (2009) (PPSA). The PPSR is maintained by the Registrar of the PPSR (Registrar). Registration is undertaken by a secured party registering… Read more »

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24
May 2018
Articles

On 18 August 2017, his Honour Black J dismissed with costs an application by which Creata (Aust) Pty Ltd (Creata) applied under section section 459G(1)(a) of the Corporations Act 2001 (Cth) (Act), for an order setting aside a statutory demand served on it by Gary Faull (Faull). The New South Wales Court of Appeal overturned… Read more »

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07
May 2018
Articles

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 off under section 553C of the Act in respect of proofs… Read more »

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30
Apr 2018
News

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 477(2B) of the Corporations Act 2001 (Cth) (Act) authorising his entry into a litigation funding agreement and associated retainer…. Read more »

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10
Apr 2018
News

It is not uncommon for a lender, when completing it’s due diligence process, to come across situations where a proposed borrower has registered a security interest on the Personal Property Securities Register (PPSR) over itself. Often leaving the lender perplexed, it must decide how to deal with the security interest (i.e. does it need to ensure the… Read more »

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09
Apr 2018
News

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 available under the Australian Consumer Law (ACL) and Australian Securities and Investments Act 2001 (Cth) to small businesses entering into standard form… Read more »

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19
Mar 2018
News

The Supreme Court of Queensland recently considered an application under section 588FF(3)(b) of the Corporations Act 2001 (Cth) (Act) in Shepard v HP Industrial Pty Ltd [2018] QSC 10. The liquidator of HP Industrial Pty Ltd (in liquidation) (the Liquidator) sought to extend the time in which the applicant may commence proceedings pursuant to section 588F(1) of the… Read more »

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19
Mar 2018
News

The recent decision of Szepesvary v Weston (Trustee), in the matter of Szepesvary (Bankrupt) (No 2) [2018] FCA 87 considered an application by a bankrupt seeking to annul his bankruptcy pursuant to section 153B of the Bankruptcy Act 1966 (Cth) (Act) and to set aside the bankruptcy notice on which the creditor’s petition was based… Read more »

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19
Mar 2018
Articles

The Personal Property Securities Act 2009 (Cth.) (PPSA) applies to security interests in personal property (i.e. motor vehicles, plant and equipment etc.). The PPSA divides personal property into four main catergories, namely: goods; financial property; intermediated securities; and intangible property. Financial Property is defined by section 10 of the PPSA to include any personal property which is:… Read more »

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05
Mar 2018
News

The Federal Government is on track to establish a new external dispute resolution framework aimed at empowering consumers and small business in the financial sector. The centrepiece of this framework is the formation of a new ‘one-stop shop’ for disputes – the Australian Financial Complains Authority (AFCA). AFCA will replace the current suite of external… Read more »

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19
Feb 2018
News

In a recent decision  In the matter of Boss Engineering (NSW) Pty Limited [2017] NSWSC 1334 (Boss Engineering), Brereton J dealt with an application to set aside a statutory demand made out of time. As is commonly known, pursuant to section 459G of the Corporations Act 2001 (Cth.) (the Act) if a creditor’s statutory demand is not complied with within 21 days of the… Read more »

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19
Feb 2018
Articles

Foreign entities conducting business in Australia are an incredibly common feature of Australia’s modern corporate landscape. The growth in international companies conducting business in Australia has, unsurprisingly, led to an increase in commercial disputes of all shapes and sizes arising between foreign companies and domestic entities based in Australia. A classic example of such a… Read more »

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05
Feb 2018
News

The recent Federal Court of Australia Cussen (Liq), in the matter of Zerren Pty Ltd (in liq) [2017] FCA 981 decision reaffirms the importance of making full and fair disclosure of all relevant facts and circumstances to the Court when making an application under section 479(3) of the Corporations Act 2001 (Cth) (Act) (now repealed)… Read more »

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05
Feb 2018
News

The Turnbull Government’s reform package released in September 2017, Combating Illegal Phoenixing, outlines a range of measures designed to identify, prevent and combat illegal phoenix activity. “Phoenixing” is the colloquial term attributed to the practice of stripping a company of its assets and transferring those same assets to another company for little or no consideration,… Read more »

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02
Feb 2018
News

In the case of Buildum Construction Pty Ltd v Pile & Bucket Pty Ltd [2017] NSWSC 1260, the Supreme Court of New South Wales (the Court) considered whether an oral agreement reached between the parties at settlement fell within the the first or second category of Masters v Cameron (1954) 91 CLR 353 (Masters v Cameron). The proceedings arose… Read more »

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22
Jan 2018
News

The Full Court of the Supreme Court of South Australia (the Court) recently handed down its judgment in the long running matter of Macks v Viscariello [2017] SASCFC 172 (Macks). Macks concerned circumstances which would not have been the envy of any insolvency practitioner. The case involved an administration that was conducted in 2002 and a… Read more »

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22
Jan 2018
Articles

There are many consequences of bankruptcy for an individual. For example, a trustee is appointed to the bankrupt’s estate (in whom the bankrupt’s property vests); the bankrupt is required to make income contribution payments to the Trustee proportionate to the bankrupt’s income and other personal circumstances for the duration of the bankruptcy; the bankrupt is… Read more »

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18
Dec 2017
News

Thank you for your support in 2017. May your holiday season be all wrapped up with cheer and filled with celebration for the New Year. Our offices will be closed from 5pm on 21 December 2017 and will re-open on 2 January 2018. See you next year!  

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18
Dec 2017
News

In 2002, a municipal criminal court in Ohio had to decide whether a man presenting an Ohio-issued identification card bearing the name ‘Santa Claus’ had committed a first-degree misdemeanor by presenting a “fictitious” identification card to a state patrolman following a car accident. Mr Claus (AKA Warren J. Hays of Warren, Ohio) presented the court… Read more »

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15
Dec 2017
Articles

It is a widely held misconception that the term “contract” only refers to a fully executed document containing detailed terms of an agreement. However this is not always the case and in certain circumstances informal negotiations can create binding agreements. In today’s fast paced and technology driven world it is commonplace for parties to engage in… Read more »

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14
Dec 2017
News

The recent decision of Moshinsky J in Kaso, in the matter of Speedpanel Australia Ltd (Administrators Appointed) (No 2) [2017] FCA 862 provides a timely reminder of the balancing role the Court plays when determining an application made under section 439A(6) of the Corporations Act 2001 (Cth) (Act). Section 439A provides that an administrator of… Read more »

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14
Dec 2017
News

Last year we outlined the decision of the Full Court of the Federal Court in Compton v Ramsay Healthcare Australia Pty Ltd [2016] FCAFC 106 in which the Court found that the paramount focus in bankruptcy matters is satisfactory proof of the petitioning creditor’s debt. This focus arises from section 52 of the Bankruptcy Act… Read more »

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04
Dec 2017
News

The NSW Parliament has passed amendments to the Fair Trading Act 1987 (NSW) (FT Act) to outlaw ticketing software or ‘bots’ from circumventing anti-scalping protections on ticketing websites. Ticket scalping bots are computer programs that allow ticket scalpers to bypass ticket website protections, rapidly purchase tickets for popular events in large quantities, and then reselling the tickets… Read more »

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04
Dec 2017
News

On 1 June 2017 the Civil Liability (Third Party Claims Against Insurers) Act 2017 (NSW) (Act) came into effect. A key purpose of this legislation is to simplify the process by which parties can seek to join insurers of an insolvent defendant who would otherwise be answerable to a claim. The legislation enables a party… Read more »

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04
Dec 2017
Articles

What is Legal Professional Privilege? Legal professional privilege (LPP) is a well-established legal principle that protects certain confidential communications between lawyers and their clients from being disclosed to a third party. LPP was described by McHugh J in Commissioner of Australian Federal Police v Propend Finance Pty Ltd (1997) 188 CLR 501 at 550, as… Read more »

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01
Dec 2017
News

The practice of registering leases is not the same in all states and territories. For instance, the practice differs between New South Wales and Victoria. The purpose of registering a lease generally is to, among other things, protect the rights of a lessee under a lease by giving notice to third parties of the lessee’s… Read more »

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01
Dec 2017
Articles

The New South Wales Supreme Court of Appeal has affirmed long standing contract interpretation principles when construing a dispute resolution clause. Background Lipman Pty Ltd v Empire Facades Pty Ltd (formerly known as Empire Glass and Aluminium Pty Ltd) [2017] NSWCA 217 (Lipman & Empire) involved a dispute between a construction company, Lipman Pty Ltd… Read more »

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03
Nov 2017
News

On 26 September 2017 the Australian Financial Security Authority (AFSA) released its annual statistics about the causes of personal insolvency in Australia. The statistics show that most personal insolvencies are not business related. In fact in  2016–17, 82% of debtors entering personal insolvency did so due to non-business related causes.  The most common non-business related… Read more »

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02
Nov 2017
News

July 2017 saw the Treasury Laws Amendment (Non-ADI Lender Rules) Bill 2017 (Draft Bill) being released for public consultation with submissions closing on 14 August 2017. The Draft Bill aims to provide the Australian Prudential and Regulatory Authority (APRA) with unique supervisory powers over entities who are not authorised deposit taking institutions (non-ADI lenders). The… Read more »

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20
Oct 2017
News

You might think that a debtor moving overseas or relocating prevents you from serving the debtor with a bankruptcy notice. Not so. Pursuant to section 40(g) of the Bankruptcy Act 1966, with leave of the Court, an act of bankruptcy still occurs when a debtor fails to comply with a bankruptcy notice even if the… Read more »

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18
Oct 2017
Articles

The New South Wales Court of Appeal decision in Treloar Constructions Pty Ltd v McMillan [2016] NSWCA 302, confirmed the relatively low evidentiary threshold of a party seeking security for costs under section 1335(1) of the Corporations Act 2001 (Cth) (Act) and confirmed that a stay of the execution and enforcement of a costs order can be justified… Read more »

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16
Oct 2017
News

In the decision of Britax Childcare Pty Ltd, in the matter of Infa Products Pty Ltd v Infa Products (Administrators Appointed)  [2016] FCA 848, Burley J gave a useful analysis of factors the Court considers in an application to set aside a Deed of Company Arrangement. Background As a consequence of Infa Products Pty Ltd (Administrators Appointed) (ACN 092… Read more »

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12
Oct 2017
News

The Australian Competition and Consumer Commission (ACCC) together with Australian Securities and Exchange Commission and various state and territory consumer protection agencies have released a number of guidelines relevant to small businesses including: Unfair contract terms – a guide for businesses and legal practitioners; Avoiding unfair business practices – a guide for businesses and legal… Read more »

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09
Oct 2017
Articles

In Spiliotopoulos v National Australia Bank Limited [2017] NSWSC 971, the Supreme Court of NSW dismissed a plaintiff’s claim for relief following allegations of a fraudulently procured signature leading to the registration of a mortgage over his property. Background The Plaintiff, Mr Spiliotopoulos, was the registered proprietor of 52 Russell Street, Greenacre. Mr Spiliotopoulos was… Read more »

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09
Oct 2017
News

In the recent decision In the matter of I & P Holdings Pty Limited (in liquidation) [2017] NSWSC 975, Black J of the Supreme Court of New South Wales considered an application by the court-appointed liquidator of I & P Holdings Pty Limited (in liquidation) (Company), seeking an order under section 488(2) of the Corporations… Read more »

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06
Oct 2017
News

The appointment of a provisional liquidator is a drastic imposition into the affairs of a company and will only be done in circumstances where there are no other remedies available to maintain the status quo pending a final determination of a winding up application. The Supreme Court of New South Wales In the matter of… Read more »

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03
Oct 2017
News

In the recent case of Low v Barnet (Trustee) [2017] FCAFC 60, Ms Low, the wife of a bankrupt and the bankrupt’s only creditor, funded the the bankruptcy trustee’s pursuit of two properties.  Upon sale of the properties, Ms Low was paid the entirety of the amount of her claims from the proceeds of the sale… Read more »

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04
Sep 2017
News

Creditor’s Statutory Demands have become a useful, cheap and effective way of ensuring companies which owe money pay attention to the debts they owe. While the process is quick and cheap, it can often be highly technical.  As such, what may seem to be a straight forward process continues to take up a considerable amount… Read more »

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01
Sep 2017
News

Recognisable across Sydney for his colourful sandwich boards and animated personality, serial purveyor of smiles Danny Lim was this week vindicated by Judge Andrew Scotting of the District Court of New South Wales, in an appeal from his conviction in the Local Court for offensive behavior. Lim had been charged after being found wearing one… Read more »

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31
Aug 2017
News

In the recent decision of Imagebuild Group Pty Ltd v Fokust Pty Ltd [2017] VSCA 131, the Victorian Court of Appeal determined whether a “supporting affidavit” had been filed within the 21 day time limit prescribed by s459G of the Corporations Act 2001(Cth) (the Act). Facts On 30 January 2017 Fokust Pty Ltd (Fokust) secured judgment against Imagebuild Group Pty Ltd… Read more »

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30
Aug 2017
Articles

The recent case of In the matter of Sydney Project Group Pty Ltd (Administrators Appointed) (Receivers and Managers Appointed) and S.E.T. Services Pty Ltd (Administrators Appointed) (Receivers and Managers Appointed) [2017] NSWSC 881  (Sydney Projects) serves as a reminder of the importance of timely communication, good record keeping and knowledge of the Corporations Act 2001 (Cth) (the Act). Sydney Projects concerned… Read more »

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21
Aug 2017
Articles

In the recent NSW Court of Appeal decision of Abergeldie Contractors Pty Ltd v Fairfield City Council [2017] NSWCA 113 the Court of Appeal determined that, under an amended AS4000 construction contract, the date of “practical completion” was the date the certificate of practical completion was issued by the superintendent to the contractor, as opposed… Read more »

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17
Aug 2017
Uncategorized

In the recent decision of Talacko v Bennett [2017] HCA 15, the High Court considered whether a judgment creditor of a bankrupt could apply for a certificate under section 15 Foreign Judgments Act 1991 (Cth) (FJA) with respect to a judgment against a bankrupt, for the purpose of enforcing the judgment in a foreign jurisdiction. Background The… Read more »

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10
Aug 2017
News

At the ARITA National Conference Dinner held on Wednesday, 9 August 2017 our very own Beau Weigand collected a well deserved reward for top student in the ARITA Advanced Certification course (Advanced Insolvency). All of us here at ERA Legal congratulate Beau on his achievement. To be the highest achiever nationally in his subject amongst… Read more »

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07
Aug 2017
Articles

Liquidators of corporate trustees are continually faced with the conundrum – what powers do I have to deal with trust assets? Often, the corporate trustee will have served no other function than to act as trustee and the only assets available to satisfy debts owed by the company will be those held by the company… Read more »

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07
Aug 2017
News

Contractors beware, the Electronic Transactions Legislation Amendment (Government Transactions) Bill 2017 recently received Assent by the New South Wales Parliament, the effect of which enacted the Electronic Transactions Legislation Amendment (Government Transactions) Act 2017 (NSW) (the Act). The Act makes amendments to the provisions of the Building and Construction Industry (Security of Payment) Act 1999 (NSW) (SOPA) affecting… Read more »

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20
Jul 2017
News

Did you know that there is a Mediation Advisor for disputes relating to the Franchising Code? The Office of the Franchising Mediation Advisor (OFMA) was established to assist franchisors and franchisees resolve their disputes under the Code and thereby potentially avoid costly legal proceedings. The OFMA appoints mediators who can assist the parties in resolving… Read more »

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20
Jul 2017
News

Amendments to the Corporations Act 2001 (Act) which came into effect on 1 March 2017 impose on liquidators an obligation to renew their registrations with ASIC every three years, when previously the registration had no specified end date. Two liquidators were recently caught out by failing to register in accordance with the Act and had… Read more »

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20
Jul 2017
News

On 30 January 2017, the Supreme Court of Victoria introduced a new Practice Note “Guidelines for the Use of Technology”. The Practice Note covers 5 major areas: Service and correspondence. Communications with the Court. Filing (the use of e-filing). The conduct of trials. The introduction of the Practice Note comes in the wake of recent… Read more »

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19
Jun 2017
News

In a recent press release, the ATO has confirmed its officers have been continuing their work to stamp out illegal phoenix activity with a number of access visits occurring without notice during April 2017. The Phoenix Task Force, which consists of more than 20 agencies within the Federal, State and Territory governments targets illegal phoenix… Read more »

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29
May 2017
News

The Australian Financial Security Authority (AFSA) recently released its statistics for the March 2017 quarter generally recording a rise in personal insolvencies when compared with the statistics released in relation to the December 2016 quarter. In NSW, Greater Sydney saw an 11% increase in debtors whilst the rest of NSW rose only 1.9%.  As for… Read more »

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15
May 2017
News

For obvious reasons, the concealment, destruction, mutilation or falsification of a company’s books is capable of being an offence under the Corporations Act 2001 (Cth).  The Australian Securities & Investments Commission (ASIC) has reported that a director who pleaded guilty to falsifying the books of a company controlled by him has been convicted and sentenced following charges being brought… Read more »

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15
May 2017
Articles

An option is a term within a contract that gives one party (the Grantee) the option to exercise a right granted by the other party to the agreement (the Grantor). Two common examples of options are: Options in a lease giving the tenant the option to enter into a further term of the lease with the landlord. Options that… Read more »

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12
May 2017
News

The Personal Property Securities Amendment (PPS Leases) Bill 2017 was passed by Parliament on 11 May 2017 and will become the Personal Property Securities Amendment (PPS Leases) Act 2017 (the Act), which will commence operation on the day after it receives Royal Assent. It is anticipated that this will occur within the next few days…. Read more »

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01
May 2017
News

Following an investigation by the Australian Securities and Investments Commission (ASIC), the NSW DPP recently obtained a conviction against the director of a cleaning company (Company) for a breach of section 590(1)(c)(i) of the Corporations Act 2001 (Cth.). Section 590(1)(c)(i) provides, relevantly, that it is an offence where: – 590(1)  A person who, being a… Read more »

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10
Apr 2017
News

It has long been understood that a bankrupt’s potential interest in assets of a discretionary trust (arising by virtue of being one of a number, or class, of beneficiaries of the trust) is not property of the bankrupt within the meaning of section 5 of the Bankruptcy Act 1966 (Cth.). A bankrupt in these circumstances… Read more »

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10
Apr 2017
Articles

Justice Black of the NSW Supreme Court has given lawyers some commercial drafting tips as well as important guidance to insolvency practitioners about the operation of the PPS Lease provisions under the Personal Property Securities Act 2009 (Cth) (PPSA). Find out more by downloading the PPSA Tip #7 here.

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03
Apr 2017
Articles

The holders of shares in a company do not generally have an automatic right of access to the company’s books and records. However, the Corporations Act 2001 (Act) does provide shareholders the right to seek access to books of the company in certain circumstances.  If a shareholder wishes to compel the company to provide access to the… Read more »

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13
Mar 2017
Uncategorized

On 8 February 2017 the High Court of Australia delivered its judgment in the matter of Clive Frederick Palmer v Marcus William Ayres, Steven James Parbery and Michael Andrew Owen in their capacities of Liquidators of Queensland Nickel Pty Ltd (in liquidation) & Ors [2017] HCA 5 which many of you will no doubt recall… Read more »

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06
Mar 2017
News

If a party provides, as security, collateral that is serial numbered (for example, a motor vehicle) the Personal Property Securities Register (PPSR) provides the secured party the opportunity to identify that collateral by its serial number. We have previously reported on the importance of ensuring your collateral is adequately described to avoid any unintended consequences… Read more »

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27
Feb 2017
News

In the recent decision of In the matter of The Wills Group Pty Limited (in liquidation) [2016] NSWSC 1907, the Supreme Court of New South Wales ordered that the winding up of The Wills Group Pty Limited (in liquidation) (Company) be terminated in circumstances where the proceedings leading to a judgment against the Company and the… Read more »

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27
Feb 2017
Uncategorized

It is often stressed how important it is to correctly register a security interest on the Personal Property Securities Register (PPSR). The Supreme Court of New South Wales In the matter of OneSteel Manufacturing Pty Limited (administrators appointed) [2017] NSWSC 21 has again reiterated the costs of getting it wrong. Background In October 2014, OneSteel Manufacturing Pty Limited (OneSteel) entered… Read more »

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16
Feb 2017
News

The Personal Property Securities Register (PPSR) is the single national register of security interests in personal property. As set out in our article ‘Seek and you shall find: Pro Tips for an Effective PPSR Search’, there are a number of different searches you can conduct to identify ‘current’ security interests. For example, you can conduct ‘individual… Read more »

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13
Feb 2017
Uncategorized

In the recent decision of In the matter of Swan Services Pty Limited (in liquidation) [2016] NSWSC 1724 the Supreme Court of New South Wales re-affirmed the circumstances in which a company’s failure to maintain books and records will invoke a presumption of insolvency. Pursuant to section 286(1) of the Corporations Act 2001 (Cth) (the Act)… Read more »

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13
Feb 2017
Uncategorized

The law surrounding whether amounts which become payable under personal guarantees following a guarantor’s bankruptcy have been brought into question in a recent decision of the Full Court of the Supreme Court of South Australia in Oz North Food & Liquor Wholesalers (NT) Pty Limited v Gray [2017] SASCFC 1. Mr Gray was the director of Omnyx Pty… Read more »

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13
Feb 2017
News

What happens when you have a unperfected security interest and the grantor is wound up, appoints administrators or become bankrupt? The issue of perfecting your unregistered security interest by possession arose in the case of Flown Pty Ltd v Goldrange Pty Ltd [2016] WASC 419 in which a landlord was the purported secured party and a… Read more »

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30
Jan 2017
News

When registering a security interest on the Personal Property Securities Register (PPSR), a user may be given the option to enter a description of the collateral over which security interest is taken. Whilst it is necessary to enter a description of excepted property when registering a security interest over grantor’s ‘all present and after acquired… Read more »

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23
Jan 2017
News

It is the norm in New South Wales for a deposit of 10% to be paid on exchange of a contract for the sale of land. It is sometimes the case – and given rising property prices, increasingly the case – that a smaller deposit of 5% is paid. When that happens the contract often… Read more »

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23
Jan 2017
News

On 17 January 2017, the Australian Financial Security Authority (AFSA) released its data on personal insolvencies for the three months to December 2016. Whilst personal insolvencies rose overall by 0.9% when compared to the same quarter in 2015, some states showed a sharp increase whilst others actually fell dramatically.  WA led the charge with a… Read more »

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17
Jan 2017
News

Tenants should make sure they aren’t caught out having to carry out or make payment in lieu for make good and repairs of premises if the tenant has the benefit of section 133A of the Conveyancing Act 1919 (NSW), which applies to all commercial leases in New South Wales. The section operates in two ways. Firstly,… Read more »

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09
Jan 2017
News

The decision of the New South Wales Court of Appeal in Sydney Recycling Park Pty Ltd v Cardinal Group Pty Ltd (in liq) [2016] NSWCA 329 will be warmly received by liquidators. The case confirms a liquidator’s ability, in certain circumstances, to amend a claim for the recovery of unfair preference payments to include further… Read more »

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09
Jan 2017
News

On 24 November 2016, the Reserve Bank of Australia (RBA) released a Research Discussion Paper titled Why Do Companies Fail? Interestingly, the RBA found that the threat of insolvent trading (under the current insolvency law regime) may encourage company directors to seek the protection of voluntary administration rather than restructuring the company. Under the current… Read more »

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09
Jan 2017
News

Does a disclaimer signed by a beneficiary of a trust mean that the grouping provisions of the Taxation Administration Act 1996 and the Payroll Tax Act 2007 have no application for the tax years in question? In answering that question affirmatively, his Honour White J’s decision in Smeaton Grange Holdings Pty Ltd v Chief Commissioner… Read more »

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19
Dec 2016
News

ERA Legal is getting ready to celebrate another sunny Australian Christmas.   2016 was a great year for our clients and us, and 2017 is going to be even better! Our office will be closed from 5.00pm on 22 December 2016 and will reopen on 3 January 2017. Best wishes to all of our clients,… Read more »

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19
Dec 2016
News

Back in 2012 when the Personal Property Securities Act 2009 (Cth) (PPSA) came into effect, registrations from certain Commonwealth State and Territory registers  were migrated to the then new Personal Property Securities Register (PPSR).  Being a task of epic proportions, it was understandable that some registrations incorrectly migrated or were not migrated to the PPSR at all.  The  Personal… Read more »

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19
Dec 2016
News

Effective from 1 January 2017 Land and Property Information New South Wales (LPI) will charge fees for any requisitions that are raised for documents, plans and associated instruments. If you have lodged instruments, documents or plans before 31 December 2016 and a requisition is raised after 1 January 2017, then the requisition fees will not… Read more »

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16
Dec 2016
News

Beau Weigand, a Senior Associate at ERA Legal and valued member of the team, recently completed the ARITA Advanced Certification program. Not only did Beau successfully complete the course, Beau was awarded first place in New South Wales and the ACT for the Advanced Insolvency component. Congratulations to Beau – we are sure that this… Read more »

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