A how-to guide for small business break-ups

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 […]

CPDS Seminar: When Small Business Relationships Go Sour

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 […]

Waving goodbye to waiver

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, […]

A win for the Obeids – Fiduciary Duties in Contractual Relationships

In some good news for the Obeid family, the NSWCA upheld an appeal by Moses Obeid and his company Streetscape Projects against the City of Sydney, avoiding any need for divine intervention (see here for the report of Mr Obeid suggesting that maps seized from his brother’s office by ICAC investigators may have been drawn […]

Free pass to the Legalwise Contracts Conference – 28 March 2013

I will be presenting a seminar at the Legalwise 2nd Annual Contracts Conference on 28 March 2013 on Contractual Breach – Consequences and Monetary Remedies.   The CPD year ends on 31 March, so this is a good way to rack up some last minute points. An impressive lineup of speakers will be delivering presentations […]

Is there anything to gain from winding up a trustee company?

When your client is owed money by a trustee company, you may wonder whether there is anything to gain from winding up the trustee company.  The company is probably a $2 company.  The beneficiaries or the appointor will probably replace the trustee with a new one.  What assets will the liquidator of the former trustee […]