There's a lot of misinformation out there about what happens if there's a challenge, or dispute, to a will. But beyond the thing that triggers the dispute - or the grounds somebody uses to challenge a will - there's a deep question about how that dispute will be resolved. There are plenty of paths that lead to a resolution and each one has its own …

Every working Australian will have, somewhere, a superannuation account. And in that account will be some money and, likely, some insurance. But how do you, as the executor of your loved one's estate, handle this unique and complex asset? Who do you speak with, what do you ask them, how will they handle it, where do you go? Well, I've asked indepen…

It's not at all pleasant, but the topic of life insurance was always going to be something I had to cover in this podcast series. Not only because it's complicated, abstract and important - but also because responsible people have life insurance in place. And when they pass away, the people they leave behind need to untangle what it all means. Whic…

Up to this point in the series, we’ve been focusing on the procedural elements involved in those first months after losing your partner. But what about the emotional impact? More specifically, what about the toll it’s going to take on you and your kids? This week’s episode is all about how parents can walk the tightrope of grief, while juggling the…

“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 th…

Where do you even start with administering the estate you're now responsible for? We've covered the big terms in recent episodes - what's involved in being an executor, probate and how testamentary trusts work. But how do you simply do the stuff that need's doing? Well, in this week's episode, our independent financial adviser Jordan Vaka speaks wi…

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 won…

One of the things that impresses me about the people I work with, is the way they get on with the many, many things that follow the passing of their partner. This is particularly impressive given the jargon they need to learn - and learn quickly. Because all of us in the space - estate lawyers, accountants, financial advisers - are familiar with th…

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…

Being an executor is - despite what your late partner may have told you - a serious, significant and time-consuming job. And that's just for a 'simple' estate. Throw in any complexity - a self-managed super fund, companies, investments - and you've got your work cut out for you. Which is why Jordan's invited David Patkin along. An experienced estat…

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: …

This episode of Life, Loss & Legacy is all about testamentary trusts, so Jordan's speaking with solicitor Claire Stollery - partner at Tony Kelly Lawyers, and an expert in the field. Claire outlines: What a testamentary trust actually is The benefits of having one The steps new trustees need to be aware of as they administer the trust Who's who in …

“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 C…

This first episode proper of the Life, Loss & Legacy series is all about decisions. The multitude of decisions you're facing now as you navigate these first few years of bereavement. The scale of decisions you're having to make. And a framework to help you categorise the many, many decisions you're facing, to help make it all a bit easier. Independ…

This episode of Life, Loss & Legacy highlights the importance of Estate Planning. Jordan's joined by Lucy Percy, principal of Head and Heart Estate Planning, and they discuss a range of important considerations when it comes to planning how you want your estate to be distributed. Lucy's statement that a proper estate plan is the "last act of love f…

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…

“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…

“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 fr…

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/…

PlanningSolo Presents: Life, Loss and Legacy - a podcast series to help you navigate those first few years after the loss of your partner. In this introduction, independent financial adviser and series host, Jordan Vaka, explains why he's started this series, the various experts he's brought in to help and what he hopes you get out of it. With anot…

“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 t…

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 Hearsa…

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://fb…

“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 …

“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. Th…

“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…

“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] - …

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

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

“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 t…

“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 cast…

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:/…

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…

“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 def…

“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 ov…

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 corpora…

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…

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…

“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…

“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 pie…

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…

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 platfor…

“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…

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 o…

“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…

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 platfor…

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…

“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 …

“That’s my warehouse, or at least half of it is…” ___ From its purchase in 2010 P and D were registered as 50-50 TiC co-owners of a warehouse. P was D’s parent. P had borrowed the money to buy the property. D operated a business from the property until 2012 when it become non-viable: [4] From 2017 the property was leased with all rental proceeds be…

“But you’re who’s stopping the Co from bringing the claim!?” ___ The Ps (a parent and their child) were the dirs and only shareholders of the D. The D was trustee of an SMSF and the Ps were beneficiaries: [1], [2] The Ps, proceeding without legal advice, sought leave to cause D to sue for some alleged trust property: shares. The Ps said FormerTCo, …