Lost Trust Deeds – Part 2

Almost 12 months ago, I re-blogged Dominique Hogan-Doran’s post about the mechanics of proving the contents of a lost trust deed (here). Much has happened in the past year.  Ms Hogan-Doran SC acquired post nominals (congratulations).  Also over that time, my instructing solicitors Goldman Legal and I successfully navigated the lengthy process of establishing the contents of […]

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 […]

How to remove a trustee

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 […]

Managed Investment Schemes: The High Court says you can’t contract out of Chapter 5C protections

In Westfield Management Ltd v AMP Capital Property Nominees Ltd [2012] HCA 54, four members of the High Court held that any contractual term that limits the protections provided under Chapter 5C of the Corporations Act is invalid.  Section 601NB of the Corporations Act allows members of a registered MIS to call a members’ meeting […]

Oppression and unit trusts – Wain v Drapac

The Supreme Court of Victoria has recently affirmed that the Corporations Act oppression provisions can be used when a company in which the oppression has occurred is a trustee company.  This has significant consequences for business relationships conducted through a unit trust structure that have turned sour.  Until the decision of Davies J in Vigliaroni […]