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 […]
Category Archives: Equitable Principles
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, […]
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…