x

75% of people globally want unbiased news (Pew Research) but are concerned they're not getting that.

Get balanced coverage with Symby. See how stories are covered across diverse outlets and spot when one side covers a story the other skips.

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.

education

All Episodes

00:06:44

In the matter of BH Holdings QLD Pty Ltd [2024] NSWSC...

Coffee and a Case Note ·

2024/03/03

“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 relevant

en

00:07:10

Irwin v Pamplin & Ors (No 4) [2024] NSWSC 73

Coffee and a Case Note ·

2024/02/26

“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 generated,

en

00:09:18

Munja Bakehouse Pty Ltd [2024] NSWSC 6

Coffee and a Case Note ·

2024/02/08

“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] -

en

00:54:44

James d'Apice's chat with Mike Bromley from Beyond...

Coffee and a Case Note ·

2024/02/07

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

en

00:49:54

James d'Apice's chat with Lara Quie for the Legal...

Coffee and a Case Note ·

2024/01/16

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

en

00:09:23

In the matter of Wholesome Child Holdings Pty Ltd...

Coffee and a Case Note ·

2023/12/25

“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 owned

en

00:10:33

Auswild v Bergmuller [2023] VSC 589

Coffee and a Case Note ·

2023/12/20

“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

en

00:43:06

'The Path of the Piccolo' - The speech where James...

Coffee and a Case Note ·

2023/12/13

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

en

00:31:17

Interview with The Australian Law Student Podcast -...

Coffee and a Case Note ·

2023/12/11

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

en

00:08:04

Rovere v Rovere [2023] NSWSC 1410

Coffee and a Case Note ·

2023/12/06

“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 D’s

en

00:07:41

Ghorbanzadeh [2023] NSWSC 1330

Coffee and a Case Note ·

2023/11/22

“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 briefed the

en

00:56:01

"The derivative action and its evolving availability...

Coffee and a Case Note ·

2023/11/17

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:

en

00:55:37

'When the rubber hits the road' - A lecture by James...

Coffee and a Case Note ·

2023/11/08

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

en

00:33:02

Lawyers Weekly Interview - Jerome Doraisamy and James...

Coffee and a Case Note ·

2023/11/02

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

en

00:09:26

Noah’s Ark Veterinary Services Pty Ltd v Hudson...

Coffee and a Case Note ·

2023/10/11

“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 orders. In

en

00:08:04

Grain Technology v Rosewood (No 5) [2023] NSWSC 1141

Coffee and a Case Note ·

2023/09/29

“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 earlier

en

00:59:36

Comments on Just and Equitable Winding Up of...

Coffee and a Case Note ·

2023/09/29

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!

en

01:00:03

Comments on s66G of the Conveyancing Act 1919 (NSW) |...

Coffee and a Case Note ·

2023/09/22

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!

en

00:07:46

Sunnya Pty Ltd [2023] NSWSC 1104

Coffee and a Case Note ·

2023/09/18

“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 related to

en

00:57:00

Comments on Partnership Disputes | A one hour CLE...

Coffee and a Case Note ·

2023/09/15

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!

en

244 results

Similar Podcasts

Science Talk

Albert Einstein College of Medicine

Les dents et dodo

BFMTV

一起读书吧！

一起读书吧！

五分钟心理学

柠檬心理

Rock it - dein Raketenstart in den Tag

Hannes kann es