Viewing entries tagged
Richard Anderson

Oppression remedies for unit trusts

Oppression remedies for unit trusts

It is an unfortunate fact of life that running a business will not always go smoothly, and occasionally disputes will arise between business owners and business investors. A unit trust is a popular structure for conducting a business, but it has traditionally presented business owners and investors with some difficulty when seeking to resolve their disputes. 

Is online defamation different to print defamation?

Is online defamation different to print defamation?

The law of defamation traditionally relates to printed statements, such as a newspaper articles or ‘tell-all’ books. However, defamatory statements are increasingly made online and can be accessed repeatedly by readers. 

Plaintiff’s access to defendant insurance

Plaintiff’s access to defendant insurance

A claimant liquidator was allowed to join the defendants’ insurer to the proceeding, in circumstances where the defendants were not going to pursue the insurance claim. This case may open up several new ways to utilise a defendant’s insurance, and Sladen Legal has some creative ways this decision can be used to plaintiffs’ benefit.

Non party’s liability for costs

Non party’s liability for costs

The Court ordered costs against stakeholders in the plaintiff’s camp and stated that insolvency of a plaintiff insolvency weighs in favour of a cost order against a non-party supporting or directing it.

Supreme Court hand down game-changing decision regarding application of Domestic Building Contracts Act to residential developers

Supreme Court hand down game-changing decision regarding application of Domestic Building Contracts Act to residential developers

On 29 April 2015, the Victorian Supreme Court handed down its judgment in Burbank Australia Pty Ltd v Owners Corporation PS 447493 [2015] VSC 160, which concerned an appeal from a decision of the Victorian Civil and Administrative Tribunal, in relation to allegations of defective building works in the common property of the ‘Waterford Towers’ apartment building built by Burbank in the Melbourne suburb of Maribyrnong.

Beware of waiving privilege when disclosing the 'gist' of advice

Beware of waiving privilege when disclosing the 'gist' of advice

In the recent Federal Court case of Krok v Commissioner of Taxation[1] a taxpayer was implied to have waived the right to legal professional privilege by disclosing documents which refer to the purpose and reasoning of legal advice. As a result, the taxpayer may be required to discover documents that would otherwise have been protected.

Supreme Court considers trustee’s responsibility to disclose reasons

Supreme Court considers trustee’s responsibility to disclose reasons

Discretionary trusts are widely used in modern-day business and are generally understood as efficient structures for asset protection and tax minimisation.  The obligations of trustees in administering trusts, particularly with regard to providing reasons for their decisions to beneficiaries, are less well understood.

Shareholder disputes – Supreme Court takes alternate approach

Shareholder disputes – Supreme Court takes alternate approach

Many small to medium sized businesses face disputes between shareholders.  Often these shareholders are family members.  Shareholder disputes are notoriously expensive to resolve and typically take the form of “oppression” claims commenced in the Supreme Court of Victoria under the provisions of s 233 of the Corporations Act 2001 (Cth).  Although individual disputes will differ, all these disputes have in common allegations that the affairs of a company have been conducted in an oppressive manner.

Landowners affected by failed timber companies urged to be cautious

Landowners affected by failed timber companies urged to be cautious

Landowners, whose land is affected by leases to failed timber companies Great Southern and Gunns Plantations Ltd (GPL), should be careful before entering into any agreement with the liquidators of GPL, according to a warning by Richard Anderson, a director of law firm Harwood Andrews.

Some landowners who have been caught up in the collapse of Great Southern and GPL may recently have received a letter from the liquidators of GPL offering various options concerning dealing with trees still growing on their land, even though landowners have not received rental payments for some time.

Protecting your Interests in the Supply of Materials Using the Personal Property Securities Act 2009 (Cth)

Protecting your Interests in the Supply of Materials Using the Personal Property Securities Act 2009 (Cth)

If you are involved in the supply of materials, whether plant, equipment or other building materials, whether by way of sale or hire, in the building and construction industry you should be aware of the operation and effect of the Personal Property Securities Act 2009 (Cth) (PPSA), which can help protect your interests in the event of the insolvency of the party to whom you supply materials.

Suppliers now have registerable security interests in the personal property that they supply to customers on a retention of title basis. Supply of materials on a ‘retention of title’ basis means that the seller retains legal ownership in the goods (even after delivery to the purchaser) until payment in full is received.