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 […]

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 […]

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 […]