Equitable claim against a trustee in bankruptcy transferred to the Federal Court

In the light of a recent Court of Appeal decision, great care should be exercised in choosing the court in which to issue proceedings claiming an equitable interest in the property of a bankrupt. In Turner v Gorkowski [2014] VSCA 248, the Victorian Court of Appeal transferred to the Federal Court a Supreme Court proceeding in […]

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 […]

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 […]

Upcoming Commercial Court Seminar: Equitable Remedies for Breach of Fiduciary Duty

On 10 December 2012, the Victorian Supreme Court’s Commercial Court is hosting a conference.  The Hon Keith Mason AC QC, former President of the NSW Court of Appeal will be speaking on the topic “Remedies for breach of fiduciary duties: Lessons from two recent mega-cases: Grimaldi and Bell Resources”. This is one of four topics […]