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 […]

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, […]