“You tried to kick me out of the law firm partnership!” ___ A partnership operated a law firm. A deed governed the partners’ relationship. The partners were either fixed draw (“salaried”) partners or (often more lucrative) capital partners: [1], [2] Each partner was a trustee of a separate trust: [2] P was a capital partner, purportedly expelled from the partnership in November 2020: [5] P said the purported expulsion was contrary to the deed; meaning P remained a partner or was entitled to dama...
Apr 30, 2024•8 min
In March 2024 James had a chat with Josh Lawlor and Monica Walmsley from the Personal Branding Unlocked podcast. It's a wide-ranging chat that features James' views on his own branding *journey* with some lessons you can apply in your practice. You can find the PBU pod here: https://www.personalbrandingunlocked.com.au/
Apr 25, 2024•1 hr 2 min
“Compensate the company. Then pay that money to me!” ___ P, a former shareholder, sought to bring a claim on behalf of the Co and then have the proceeds paid to themselves: [1] - [3] s237(2)(a): the Co was not going to bring the claim itself: [8] s237(2)(d): the Court considered (i) whether the pleaded case could be proved, and (ii) if so whether that would ground the relief sought: [12] When practising, P was the sole shareholder of the Co and principal benef of the trust the Co operated. That ...
Apr 11, 2024•11 min
In early 2024 James sat down (remotely) with David Turner to chat about starting a law firm from scratch. Even though James was only a matter of weeks (!) into his journey he did his best to share everything he could - warts and all. Please enjoy this revealing and entertaining chat between James and David. ___ You can find other episodes of Hearsay: The Legal Podcast here: https://hearsay.legalcpd.com.au/episodes/
Apr 01, 2024•46 min
In March 2024 James had the opportunity to talk with Communications and Law student and producer of the Hearsay Legal Podcast, Jacob Malby, about creativity, freestyle rap, and law. This conversation traverses Coffee and a Case Note as well as other projects of James' with his Spooko co-creator, Thomas McMullan. A link to Spooko is here: https://fbiradio.com/podcast/spooko/ A link to Hearsay is here: https://hearsay.legalcpd.com.au/...
Mar 28, 2024•24 min
“Hey! Stop trying to work for our competitor!” D was a consultant who, in 2022, left one large firm and joined another. D’s expertise was defence work: [2], [3] The 2022 role included a 2 year restraint: [4] The 2022 employer underwent a restructure following a scandal and D was then employed by P, or an entity related to it: [6], [9] D’s contract with P included a 3 month notice period with a right for P to force D to take that time as “gardening leave” [11] and cascading restraints commencing ...
Mar 26, 2024•10 min
“It’s my wind-up application, so surely I should get my choice of liquidator...?” ___ The Ps brought an application to windup various entities on the s461(1)(k) just and equitable basis, and to appoint receivers to the assets of the associated trusts: [1], [2], [6] The various entities were variously incorporated and settled to develop a marina. That development did not progress as hoped: [3], [13] The relationship between Dir1 and Dir2, the 50-50 controlling minds and shareholders of the releva...
Mar 03, 2024•7 min
“We put all our shit in mum’s name…” ___ P was the deceased’s spouse, and administrator and sole benef of the decd’s estate: [1] The Ds were the decd’s parent, D1; sibling, D2; and some related entities: [2] The decd and D2 - members of a motorcycle club and charged with drug offences years ago - used various entities to engage in business: [4], [5] In 2002 the decd and D2 transferred substantial assets to D1: [7] P said the arrangement was that D1 would hold those assets, and the income they ge...
Feb 26, 2024•7 min
“We can’t order a share sale. Decide yourselves, or it’s getting wound up!” ___ A number of plaintiffs applied for relief in relation to a shareholder dispute. Through the litigation the issues in dispute narrowed.Both the plaintiffs and defendants preferred for the Ds to buy out the Ps. A winding up order was all parties’ second preference: [1] - [6], [19] Commencing in 2014, the Ps and Ds incorporated Co1 and Co2 to (i) operate a GF bakery and (ii) own the land the bakery was situated on: [8] ...
Feb 08, 2024•9 min
In January 2024 James got to sit down and chew the fat with BB head honcho, Mike Bromley! They spoke about the founding of Gravamen, the dreaded work / life balance, and why James finds TikTok boring. You can find BB here: https://www.beyondbillables.com/blog
Feb 07, 2024•55 min
In December 2023 James caught up with Lara Quie from the Legal Genie Podcast to discuss social media, marketing, legal practice, horror films, battle rap, and everything inbetween! You can find the Legal Genie podcast here: https://thelegalgeniepodcast.buzzsprout.com
Jan 16, 2024•50 min
“Yep! You can sue the author to get the company’s IP from them.” ___ A Co’s Dir, P, sought to bring derivative proceedings against a Co’s majority shareholder, D. P wanted declarations that the Co (and not D, who was also the book’s author) was the owner of all intellectual property rights in relation to a book: [1], [6] P said that after D wrote the book, D and the Co entered into an agreement for the Co to acquire the IP in the book: [7] Alternatively, P said D was estopped from asserting they...
Dec 25, 2023•9 min
“Let’s appoint an IP to chase the group’s debts!” ___ The Ps were 48% shareholders of a group of Cos that owned luxury car dealerships. The Ds were directors representing 52% of shareholders. The 52% majority owed a judgment debt to the group. The Ps proposed a course for recovering the debt. The Ds used their votes at board level (including a casting vote) to vote down the Ps’ course and vote up their own: [2] There was deep “anger” and “animosity” between the Ps and Ds and “very bitter and dis...
Dec 20, 2023•11 min
On 3 November 2023 James gave a speech on marketing and branding for lawyers similar to one he had given a number of time before. However, this time, he gave the speech with a live case study: the lauch of his own law firm, Gravamen! Many thanks to Clarissa Rayward and the whole Happy Lawyer Happy Life and Retreat team for making this happen! https://www.happylawyerhappylife.com/ ___ Please support James' new firm, Gravamen, on your favourite platforms. www.gravamen.com.au #auslaw #gravamen #aus...
Dec 13, 2023•43 min
In November 2023 James d'Apice sat down to chat with Alex Nielsen of The Australian Law Student Podcast about his approach to practice, overcoming "fuck ups" including bad marks on exams, and the future of James' law firm Gravamen. You can find the Australian Law Student here: https://www.theauslawstudent.com
Dec 11, 2023•31 min
“Your share of the sale proceeds gets reduced for us dealing with your complaints!” ___ 3 siblings co-owned real property. They disagreed on what use it ought to have been put to. 2 siblings, the Ps, applied to appoint s66G Tees, successfully.The Tees sold the land and distributed the Ps’ shares of the sale proceeds. The remaining sibling - the defendant, D - contested the Tees’ fees and criticised their management of the sale: [1] - [4] The Tees applied to be paid further remuneration from the ...
Dec 06, 2023•8 min
“Those notes aren’t privileged! Hand them over.” ___ P sued D in relation to personal injuries P alleged at around the time they were giving birth. D, to oversimplify, was the hospital’s insurer: [7], [9] D instructed an expert who produced a report. P filed a NoM seeking access to a document produced by the expert in response to a subpoena, but over which D asserted legal professional privilege: [1], [9] P said the document was not privileged or, if it was, privilege was waived: [6] D had brief...
Nov 22, 2023•8 min
In November 2023 James gave a presentation for prominent CPD provider TEN about a developing area of trust law. In this CLE, James explores: 1. The corporate derivative action 2. Some litigated examples of it 3. The Court's decision in Gillespie v Gillespies Cranes Nominees Pty Ltd [2022] NSWSC 1184 4. Practical suggestions for dealing with corporate derivative actions 5. Practical suggestions for the evolving landscape arising from Gillespie A link to TEN's website is here: http://www.tved.net....
Nov 17, 2023•56 min
On 30 October 2023 James was lucky enough to accept an invitation from Dr Madeline Taylor to give a lecture in Dr Taylor's commercial law course at Macquarie University. During this talk James discusses the "gap" between the theory learned at university and what happens when the rubber hits the road, in legal practice. In the discussion, James refers to cases including: Carpenter v Morris [2021] NSWSC 1700 Campbell v Campbell [2022] NSWSC 554 SSC Super Pty Limited [2022] NSWSC 686 Gillespie Cran...
Nov 08, 2023•56 min
James was a guest of the Lawyers Weekly podcast hosted by the legendary Jerome Doraisamy in October 2023. The two discussed the process of finding your specialty, and the the importance (or otherwise!) of niches. You can find a link to the Lawyers Weekly version of the podcast here: https://www.lawyersweekly.com.au/podcast/38383-choosing-your-niche-and-communicating-it-to-the-market
Nov 02, 2023•33 min
“You stole the Co’s koala client base! That’s not good faith.” ___ P, one of 3 equal shareholders in a Co operating a vet surgery, sought to bring a derivative action on the Co’s behalf. The other 2 shareholders were the Co’s Dirs. D1 was a vet, and P’s former spouse. D2 was an E’ee of the vet clinic. The Co offered traditional vet services as well as “rehabilitation” services; chiropractic and acupuncture: [6] In 2019 P and D1’s marriage deteriorated. In 2021, P sought family law property order...
Oct 11, 2023•9 min
“Your Honour, would it be OK if I entered into this deed?” ___ Long-running litigation was on foot relating to, among other things, land with a value of around $40m. By NoM, a receiver appointed by the Court to the relevant Ds in the litigation sought the Court’s advice about whether they would be justified entering into a Deed settling all the pieces of litigation: [12], [15] The receiver relied on evidence, including confidential advice from counsel on the nature of the settlement: [17] Some e...
Sep 29, 2023•8 min
In July and August 2023 James d'Apice gave a series of one hour CLEs "live" on Facebook, Instagram, Linkedin and YouTube. This one concerns s461(1)(k) of the Corporations Act 2001 (Cth) - the just and equitable winding up remedy - and has the following structure: 1. The law 2. Litigated examples 3. Practical suggestions Please give James and Coffee and a Case Note a follow on your favourite platform!
Sep 29, 2023•1 hr
In July and August 2023 James d'Apice gave a series of one hour CLEs "live" on Facebook, Instagram, Linkedin and YouTube. This one concerns s66G of the Conveyancing Act 1919 (NSW) and has the following structure: 1. The law 2. Litigated examples 3. Practical suggestions Please give James and Coffee and a Case Note a follow on your favourite platform!
Sep 22, 2023•1 hr
“Hey! That was the Co’s opportunity to sell baby formula!” ___ A Co that made infant formula had two shareholders: P as to 51%, DCo as to 49%: [1], [2] DCo was controlled by a married couple – D1 and D2 – who had roles including as the Co’s former director and former CEO: [3] P alleged D1 and D2 breached their duties to the Co: [4] P said D1 and D2 caused an opportunity for the Co to promote and distribute a certain brand of infant formula to be diverted away from the Co, and toward entities rel...
Sep 18, 2023•8 min
In July and August 2023 James d'Apice gave a series of one hour CLEs "live" on Facebook, Instagram, Linkedin and YouTube. This one concerns the law of partnership and the disputes that arise in that area and has the following structure: 1. The law 2. Litigated examples 3. Practical suggestions Please give James and Coffee and a Case Note a follow on your favourite platform!
Sep 15, 2023•57 min
“Restrain our (former?) partner from competing with us!” ___ In 2020, the Ps entered into a partnership agreement with D1 to run an accounting practice: [3] In 2022, D1 incorporated D2: [4] Ps wanted the Court’s help to immediately stop D1 and D2 from chasing the Ps’ clients: [5] - [8] The partnership agreement had various restrictions including on partners not trading as accountants for 2 years after the end of the agreement in the relevant area: [46] RE whether the Ps had a prima facie case (t...
Sep 12, 2023•7 min
In July and August 2023 James d'Apice gave a series of one hour CLEs "live" on Facebook, Instagram, Linkedin and YouTube. This one concerns s236 of the Corporations Act 2001 (Cth) and has the following structure: 1. The law 2. Litigated examples 3. Practical suggestions Please give James and Coffee and a Case Note a follow on your favourite platform!
Sep 08, 2023•59 min
In July and August 2023 James d'Apice gave a series of 5 CLEs "live" on Instagram, Facebook, Linkedin and YouTube. This one covers corporate oppression pursuant to s232 of the Corporations Act 2001 (Cth) using the structure: 1. The law of corporate oppression 2. Some litigated examples 3. Practical suggestions Please send James or Coffee and a Case Note a follow on your favourite platform!
Sep 01, 2023•1 hr 2 min
“You complied with the contract by paying someone else, but pay me too!” ___ P and their (then) spouse, X, agreed to lend $1m to D. The money - which was actually P’s solely - was lent: [1] X directed D to repay the money into one of X’s accounts. D did so. At this time P and X were separated. They later divorced: [2] P sued X for the money and, X having been made bankrupt, expects receive under $20K from X on account of their claim: [4] P went on to sue D alleging breach of the agreement and ne...
Jul 23, 2023•9 min
