My colleague Robert Hay has posted a useful note on the High Court’s recent decision on proprietary estoppel in Sidhu v Van Dyke  HCA 19. You can read Robert’s post on the Property Law Blog here.
I recently presented a seminar and workshop titled ‘When Small Business Relationships Go Sour – Options and Strategies for Recovering your Client’s Investment’. It is a practical overview of the ways to bring an end to relationships governed by structures involving trusts, companies and partnerships. The seminar paper is now available to download here: Small Business […]
On 20 November 2013 I will be presenting a seminar and workshop for CPDS in Melbourne, titled ‘When Small Business Relationships Go Sour’. Although framed in a small business context, the focus is on ending business structures and recovering assets, and is equally applicable to larger structures. I will cover corporations, trusts and partnerships. In […]
The start of the NSW Supreme Court battle over the Hancock/Rinehart family trust has cast a spotlight on the issue of removing trustees from their office. What are the relevant principles when a beneficiary seeks to remove a trustee? Power conferred by the trust instrument The first place to look is the trust instrument. Beneficiaries […]
It’s been almost five years since the High Court confirmed that Australian law does not recognise a standalone legal doctrine of waiver, Agricultural and Rural Finance Pty Ltd v Gardiner (2008) 238 CLR 570. Waiver is really a shorthand description of the result of the doctrines of election, estoppel, variation by contract and release. As Gummow, […]
For those who weren’t able to make it to the seminar last week, my paper on damages for breach of contract can be downloaded by clicking on this link: Damages for Breach of Contract
Originally posted on Carrie Rome-Sievers, Barrister:
It is being reported that this morning, Westpac and the other 19 banks in the Bell Group litigation have won special leave to appeal their loss last year in the West Australian courts to the High Court of Australia. At first instance in 2008 the Banks were ordered by…