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PODCAST

Coffee and a Case Note

I’m Australian lawyer, James d’Apice. Coffee and a Case Note began as a video series where I sip a coffee and chat about recent legal cases. This is the audio version! I hope it brings you value.

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All Episodes

00:09:09

Eighth Avenue Austral Pty Ltd [2024] NSWSC 1262

Coffee and a Case Note ·

2024/10/24

"Is it the tree that's held in trust, or just the fruit?"___ The Ps came to Court arguing that one D - a trustee, DTee - held shares in the other D, a Co, on trust for the Ps: [1], [3], [4] The Ps further sough for the shares be transferred to the Ps: [2]The Co’s defence essentially put the Ps to proof - a “non admission”: [5] DTee took a more expansive approach: [5] - [8] After particulars of its defence were sought, DTee asserted that if the Ps were benefs of a trust including shares in the Co,

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00:12:33

David & Ros Carr Holdings Pty Ltd v Ritossa [2024]...

Coffee and a Case Note ·

2024/09/17

“We need to *wind up* the trust and sell the farms!”___ The Ps and the Ds each owned 50% of the units in a unit trust: [1] TCo owned substantial real property - farms. The Ps sought to have the trust ended and distribute the assets. The Ds took the opposite view: [5] The Ps said: 1. there was an agreement or estoppel that if one party wanted to exit, the assets would be sold; 2. the trust deed allowed a unit holder to terminate; 3. the TCo’s conduct was oppressive; and 4. a receiver should be

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00:58:49

James d'Apice Interview with Rebecca Barry August...

Coffee and a Case Note ·

2024/09/09

In August 2024 James was invited to appear on Glover Lane's ESG podcast, 'What Keeps You Up At Night?' This interview traverses Gravamen's journey to becoming a firm that tries to live its values by donating $1,000.00 per month to charity; and reflects on what the future might hold. It's also a great primer for anyone hoping to understand ESG a little better. You can find Rebecca Barry's firm Glover Lan here: https://www.gloverlaneconsulting.com.au/

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00:07:44

Direct FX Trading Pty Ltd (in liq) (No 2) [2024]...

Coffee and a Case Note ·

2024/09/04

“Some of these debts are trivial… do I still have to pay the really small ones?” ___ 2,653 clients deposited money with a Co, who was a trustee. Only 74 of those beneficiary clients had a balance worth over $100: [2], [3] A liquidator, P, was appointed to the Co: [1] P approached the Court seeking advice as to whether (i) the benefs with a <$100 balance could be treated as having no right to participate in the dist'n of funds, and (ii) the balance could be distributed to the remaining 74 pro

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00:08:21

Mamae Pty Ltd [2024] NSWSC 1032

Coffee and a Case Note ·

2024/08/27

“Bring the company back from the dead so we can go to Court!”___ P approached the Court to seek the reinstatement of a deregistered Co: [1] In 2010 the Co was incorporated. Shortly afterwards P and D1 - who were siblings - were the 2 Dirs and 2 equal shareholders: [4], [5] P said that at about this time P and D1 agreed the Co would purchase some property, each funding 50% of the purchase, each owning a 50% share, and each entitled to 50% of the rent. The property was tenanted by D1: [7] Shortly

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00:08:24

Singh v Singh [2024] NSWSC 932

Coffee and a Case Note ·

2024/08/18

“Valuation is art not science; so let the partnership’s receiver sell it.”___ 10 partners - 5 family members and their spouses - planned to run a blueberry farming and forestry business on land owned by the partnership: [2], [5] 8 partners, the Ps, sued the other 2, the Ds: [3] In 2007 the partners purchased the Property and entered into a deed: [4], [6] The deed required that forestry profits and losses be shared equally; but that each partner would take berry farming profits and bear losses in

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00:09:06

David Morgan Investments Pty Ltd v Maggie Beer...

Coffee and a Case Note ·

2024/07/18

“You changed the business I sold you so you could underpay me!”___ By deed P sold their shares in an online retail business to D.P was to receive $20M, some shares in D, and the Earn Out Amount (“EOM”): [3] According to the deed, the EOM was the Base EOM of $10M plus the Additional EOM: [6] The Additional EOM was the rounded difference between the Base EOM (I.e. $10M) and “Earnings”: [7] “Earnings” meant EBITDA over the relevant year. The deed contained a mechanism for D send a proposed Earnings

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00:10:57

Pirrottina v Pirrottina [2024] NSWSC 558

Coffee and a Case Note ·

2024/06/17

“Our parents’ citrus farm is a partnership asset!”___ Two siblings in partnership, P and D, ran a citrus farming business, having received it from their parents in the 2000s: [1] (P, the parents’ exec, sought access to the parents’ privileged documents after death. As exec, P could waive privilege, however doing so was for themselves and not in the interests of the estate or benefs. Noting an exec’s duty to avoid conflict, access was denied: [4] - [10]) In the 1990s the parents gifted D the “Lot”,

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00:56:33

Progressive Politics, Corporate Law, and a Pair of...

Coffee and a Case Note ·

2024/06/06

The most fun James has ever had guesting on another podcast!There's laughter, James' advice for how to enjoy Drake, there's more laughter, and there's also some depth as James, Jordan and Nathan reflect on what it means to be progressive (and to question some of the central tenets of capitalism) while also doing financial and corporate work. A wonderful chat - James just hopes he gets invited back!!!

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00:51:48

Your Digital Reputation Podcast | James d'Apice and...

Coffee and a Case Note ·

2024/05/31

In April 2024 James sat down with Roger Christie, MD of Propel, to talk about the use of LinkedIn for building a legal practice (but it's extremely interesting and includes James having to take a pause because Roge has said something pretty moving and insightful).You can catch the Digital Reputation Podcast here: https://propelgroup.com.au/podcast/

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00:37:22

Mel Storey's Counsel Podcast | Mel Storey and James...

Coffee and a Case Note ·

2024/05/22

Gaaaah! James got to be the first ever private practice lawyer on Mel Storey's incredible in-house counsel themed podcast, Counsel!This pod was recorded IMMEDIATELY after James launched his firm Gravamen at the Happy Lawyer Happy Life retreat in November 2023. Grab yourself a mimosa and enjoy this incredible chat. A link to Mel's podcast is here: https://www.counselpodcast.com

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00:12:52

JC Jewels Pty Ltd [2024] NSWSC 532

Coffee and a Case Note ·

2024/05/16

“Give me back my job selling diamonds!” ___ A Co that sold diamonds and jewellery had 4 shareholders, entities related to the Co’s directors who were P1, D2, D3, and D4: [1], [9] P1 and their sibling, P2, were fired by the Co from their roles as CEO and sales director respectively: [3] The Ps (including P1’s shareholding entity) sued alleging the Co’s conduct was oppressive to P1 and seeking inter alia P1 and P2’s reinstatement on the basis of s232 oppression: [4], [5] A Terms Sheet and employment

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01:01:11

James d'Apice chat with Amogh Kadhe - ChatterMatters...

Coffee and a Case Note ·

2024/05/09

James got to sit down for a chat about his progression through the world of legal practice with the legal Amogh Kadhe, of the ChatterMatters Podcast in early 2024. Please enjoy! You can find the ChatterMatters LinkedIn page here: https://www.linkedin.com/company/chattermatters-podcast/?originalSubdomain=au

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00:08:07

Trident Austwide v Bagcorp [2024] NSWSC 479

Coffee and a Case Note ·

2024/05/08

“I’ve retired as a partner. I want market value with no discounts!” ___ In 2018, 4 Cos entered into a partnership agreement. The business related to growing and selling tea: [1], [5] P retired from the partnership. The agreement provided that the partnership would not be dissolved on a partner’s retirement: [2] The question was: what value should P receive for its partnership stake?P argued for, in essence, a pro rata distribution according to its 19% stake: [3] The Ds, who were the remaining

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00:08:19

Lewis v Martinez and the persons named in the...

Coffee and a Case Note ·

2024/04/30

“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 damages:

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01:01:36

James d'Apice on the Personal Branding Unlocked...

Coffee and a Case Note ·

2024/04/25

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/

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00:10:39

Park v Monreacon Pty Ltd & Ors [2024] QSC 44

Coffee and a Case Note ·

2024/04/11

“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

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00:46:04

David Turner and James d'Apice - Discussion on the...

Coffee and a Case Note ·

2024/04/01

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/

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00:23:37

James d'Apice in conversation with Jacob Malby -...

Coffee and a Case Note ·

2024/03/28

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/

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00:10:00

Scyne Advisory v Heaney [2024] NSWSC 275

Coffee and a Case Note ·

2024/03/26

“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 at

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244 results

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