News & Insights

Sections of the Corporations Act You May Have Missed

Contracts before company registration: Part 2B.3 of the Corporations Act 2001 (Cth)

September 25, 2024

Guidance from Black J on SBR adjournments

September 5, 2024

Sections of the Corporations Act You May Have Missed

Not if I have anything to say about it: Section 254D and pre-emptive rights for existing shareholders

August 22, 2024

I (don’t) know what you did last Summer – Attributing director knowledge to companies following Aidzan Pty Ltd (in liq) v K & A Laird (NSW) Pty Ltd (in liq) [2024] NSWCA 185

August 15, 2024

Emerson Lewis Lawyers has successfully resisted a Review Application brought before Justice Stewart in the Federal Court of Australia

July 30, 2024

Sections of the Corporations Act You May Have Missed

A Beginner’s Guide to Absolving Your Corporate Sins (ss 1317S & 1318)

July 23, 2024

May v Walker [2024] NSWSC 612 – A renting disaster

July 11, 2024

Sections of the Corporations Act You May Have Missed

If that’s what the books and records say, then it must be right! Or is it?

June 26, 2024

Sections of the Corporations Act You May Have Missed

Bad Parenting: s 588V and Parent Company Liability for Insolvent Trading

June 19, 2024

Recovering unpaid debts can be a tricky task, but luckily, creditors have a valuable tool at their disposal which can often take debtors by surprise. Enter – Garnishee orders.

May 30, 2024

It can be difficult to determine the terms of an agreement if the agreement only comprises oral conversations between the parties.

April 23, 2024

The recent decision of the New South Wales Supreme Court in Global Risk Alliance Group Services Pty Ltd v Harmer [2024] NSWSC 79

April 16, 2024

Liquidators commonly face problems investigating the affairs of companies with insufficient, or no, books and records.

April 9, 2024

Oliver Twist learnt a harsh lesson when he asked for more but, in some cases, the only way you can progress a litigation is to ask for more.

March 27, 2024

Orders Restraining… Who? Unmasking the Reasoning in HWLE v Persons Unknown

March 07, 2024

Emerson Lewis Lawyers recently acted for financier Marketlend Pty Ltd (Marketlend) in successfully resisting a special leave application made to the High Court of Australia (High Court Application).

February 22, 2024

Emerson Lewis Lawyers recently acted for the plaintiffs in a Supreme Court of NSW proceeding in the Corporations List in which they successfully obtained orders…

February 12, 2024

It is common for parties that are not involved in litigation to receive a subpoena, which requires them to produce documents to the court which may be relevant to one or more facts in issue in a proceeding.

January 30, 2024

A recent High Court decision that dealt with the important issue of whether a lender had unconscientiously exploited a special disadvantage of a guarantor in respect of certain loans.

January 30, 2024

Discover the statutory regime of sections 236-242 of the Corporations Act (Cth) 2001 and how it empowers shareholders to initiate derivative proceedings on behalf of the company.

January 23, 2024

Post-judgment interest at a contractual rate: analysis of Multispan v Portland (No 2) [2001] NSWSC 1047

January 16, 2024

The Court of Appeal recently determined an important creditor priority dispute over employee entitlements and a liquidator’s remuneration as priorities are determined pursuant to s 556 waterfall.

December 01, 2023

Is it a penalty or not? Analysis of Kellas-Sharpe & Ors v PSAL Limited [2012] QCA 371

November 14, 2023

When can a bank close my account? Analysis of Human Appeal International Australia v Beyond Bank Australia Ltd (No 2) [2023] NSWSC 1161

November 14, 2023

Is it valid? The importance of insolvency practitioners ensuring their appointment is valid.

November 14, 2023

In Pearce v. Bandiera Holdings Pty Ltd [2022] FCA 876, the Federal Court of Australia clarified liquidators’ rights to access sensitive information and outlined requirements for examination summons.

October 11, 2023

Section 66G of the Conveyancing Act 1919 (NSW) enables the sale of real property owned by multiple co-owners when some aren’t cooperating. This involves the Court appointing statutory trustees to take legal ownership of the property.

October 11, 2023

Emerson Lewis Lawyers acted on behalf of KL Aussie Pty Ltd in the above proceedings, and successfully obtained judgment in excess of $85,000.00 for our client.

June 19, 2023

Emerson Lewis Lawyers acted on behalf of the liquidators of Westown Nominees Pty Ltd in their application to be appointed as receivers and managers of the property of the Westown Superannuation Fund and any other property held on trust by Westown Nominees.

June 19, 2023

Attention public companies – do not assume the Court will indulge you if you fail to lodge reports on time!

November 10, 2022

Is a provision to enforce a judgment debt upon default of a Deed considered a penalty clause?

September 27, 2022

Unfair preference proceedings and the separate question as to solvency

December 4, 2020

In the matter of MK Floors Qld Pty Ltd [2020] NSWSC 822 – Another example of a liquidator’s “mothership proceeding”​ application approved by the Court

July 7, 2020

I’m stressed and I’m disappointed. I want damages!

May 7, 2020

Supreme Court of New South Wales validates appointment of voluntary administrator

September 26, 2019

Winding up companies in light of COVID-19 – is there another way?

April 16, 2020

Sometimes there’s another reason

October 28, 2019

Let me have a go at them!

December 18, 2019