Coffee and a Case Note
Канал маалыматтары
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.
Жаңы эпизоддор
243 эпизод![In the matter of Quantra Group Pty Limited [2025] NSWSC 1123](https://d3t3ozftmdmh3i.cloudfront.net/production/podcast_uploaded/1884674/1884674-1559547406106-d59f94056592b.jpg)
In the matter of Quantra Group Pty Limited [2025] NSWSC 1123
“Issuing those shares at an undervalue was unfair!”
my dad is a farty bum
___
DCo, whose chief asset was a domain name...
AMCI Investments Pty Limited [2025] NSWSC 1019
"You chair that other company. You can't fire me from this one!"
___
The managing director of a company, MD, was purportedly fired from Ma...
James d'Apice interview with Steve Cole on 'Path to Partnership' Podcast | August 2025
In August 2025 James had an opportunity to sit down with recruiter and expert podcaster Steve Cole to discuss his career path, his approach to marketi...
James d'Apice on Law Society's 'Just Chat' Podcast | August 2025
James was lucky enough to sit down and chat with Amy Dale from the Law Society to have a deep chat about the law, life, and James' past - as well as s...
C & V Engineering Co Pty Limited v Pizzolato Nominees Pty Limited [2025] NSWSC 857
“My 1st claim was about land. I’m not estopped from bringing this one about shares!”
___
P sought orders confirming they were a shareholde...
Maroubra Seals Sports & Community Club Limited [2025] NSWSC 784
P, a public company of some size, was obliged to have its accounts audited: [1]From 2016 to 2025 an auditor audited the Co’s financial reports. The au...
James d'Apice and Iolanthe Gabrie, Ruby Assembly | Real Ambition Podcast June 2025
James had a chance to sit down and chat with the legend, boss of Ruby Assembly, and all-round all-star Iolanthe Gabrie on her podcast Real Ambition in...
Lawyers Weekly interview with James d'Apice | Jerome Doraisamy on the Boutique Lawyer Podcast June 2025
James was lucky enough to sit down and chat with the legendary leader of Lawyers Weekly, Jerome Doraisamy in 2025 and had an in-depth conversation and...
Atalanta Investments v Kalgoorlie Projects [2025] FCA 607
“You can’t sue in the company’s shoes. You’re not coming in good faith!”
___
ShopCo had two 50% shareholders, P and D. Each of P and D wer...
In the matter of Cryptai Pty Ltd (No 2) [2025] VSC 217
“Don’t call the meeting to sell those shares!”
___
P was a shareholder in D1. D1 owned Techshares, shares in TechCo: [1]
D1 did not...
In the matter of Heartland Group Pty Limited [2025] NSWSC 367
www.gravamen.com.au
“We need the Court’s help to call a meeting of the company!”
___
P sought s249G orders to call a members meeting...
Li v Perpetual Holdings Pty Ltd [2025] NSWSC 175
“That loan was for a purpose. Pay it back!”
___
P sued natural persons and Cos. D1 was not served and D2 was bankrupt, leaving P to pursue...
James d'Apice, Jordan Vaka, and Nathan Fradley | Challenge the Standard Podcast March 2025
This is probably my favourite podcast to appear on as a guest! Another great discussion with Jordan and Nathan about life, branding, Drake v Kendrick,...
Stay or Go?: Part One, Corporate Oppression | Jonathon Dooley of Greenway Chambers and James d'Apice of Gravamen on Corporate Oppression for BenchTV
As part of a series of three talks together, James d'Apice recently joined eminent senior junior barrister Jonathon Dooley of Greenway Chambers to dis...
Gillespie v Gillespie [2025] NSWCA 24
"You need to show good faith to sue on the Co's behalf!"
___
A sought to bring a derivative suit on behalf of TCo. TCo was trustee of a tr...
In the matter of Macarthur Farm Pty Ltd [2025] NSWSC 40
“Repay that tax refund into the trust!”___P was a Unit TeeCo incorporated by D1. D3 (whose sole dir and s/holder was D1) was the sole unitholder. D2 w...
QLD Keystone Pty Limited [2024] NSWSC 1678
“You can’t run that claim. You’ll expose the Co to a cross-claim!”
___
P sought, among other things, s236 leave to sue D on the Co’s behal...
Gainer Associates Pty Limited [2024] NSWSC 1437
"Pay the trust's funds to the estate!"
___
A Tee was the trustee of a trust with about $2.8m in assets. The trust had two be...
Macquarie Retail Pty Ltd v Dexus Capital Funds Management Ltd [2024] NSWSC 1413
“Hey! You can’t transfer your shopping centre stake to them!”
____
Two contracts governed the relationship between co-owners of a large, s...
Warner Capital v Shazbot [2024] NSWCA 245
“The partnership’s book is a liability, not an asset!”
___
A and R operated an insolvency practice in partnership. Like many such business...
Eighth Avenue Austral Pty Ltd [2024] NSWSC 1262
"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 t...
David & Ros Carr Holdings Pty Ltd v Ritossa [2024] NSWSC 1125
“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 owne...
James d'Apice Interview with Rebecca Barry August 2024 | Glover Lane's 'What Keeps You Up At Night?' Podcast
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 journ...
Direct FX Trading Pty Ltd (in liq) (No 2) [2024] NSWSC 1079
“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 tr...
Mamae Pty Ltd [2024] NSWSC 1032
“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: [...
Singh v Singh [2024] NSWSC 932
“Valuation is art not science; so let the partnership’s receiver sell it.”
___
10 partners - 5 family members and their spouses - planned...
David Morgan Investments Pty Ltd v Maggie Beer Holdings Ltd [2024] NSWSC 778
“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...
Pirrottina v Pirrottina [2024] NSWSC 558
“Our parents’ citrus farm is a partnership asset!”
___
Two siblings in partnership, P and D, ran a citrus farming business, having receive...
Progressive Politics, Corporate Law, and a Pair of Financial Advisors | James d'Apice, Jordan Vaka and Nathan Bradley on the Challenge the Standard Podcast, April 2024
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...
Your Digital Reputation Podcast | James d'Apice and Roger Christie April 2024
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 in...
Mel Storey's Counsel Podcast | Mel Storey and James d'Apice November 2023
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...
JC Jewels Pty Ltd [2024] NSWSC 532
“Give me back my job selling diamonds!”
___
A Co that sold diamonds and jewellery had 4 shareholders, entities related to the Co’s directo...
James d'Apice chat with Amogh Kadhe - ChatterMatters Podcast April 2024
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 i...
Trident Austwide v Bagcorp [2024] NSWSC 479
“I’ve retired as a partner. I want market value with no discounts!”
___
In 2018, 4 Cos entered into a partnership agreement. The business...
Lewis v Martinez and the persons named in the Schedule (No 5) [2024] NSWSC 359
“You tried to kick me out of the law firm partnership!”
___
A partnership operated a law firm. A deed governed the partners’ relationship....
James d'Apice on the Personal Branding Unlocked Podcast - March 2024
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 f...
Park v Monreacon Pty Ltd & Ors [2024] QSC 44
“Compensate the company. Then pay that money to me!”
___
P, a former shareholder, sought to bring a claim on b...
David Turner and James d'Apice - Discussion on the Hearsay Podcast February 2024
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...
James d'Apice in conversation with Jacob Malby - March 2024
In March 2024 James had the opportunity to talk with Communications and Law student and producer of the Hearsay Legal Podcast, Jacob Malby, about crea...
Scyne Advisory v Heaney [2024] NSWSC 275
“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 defenc...