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 […]

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 […]