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Trusts are frequently used to manipulate the facets of ownership. Sometimes, disputes arise on topics such as the need for judicial advice, the removal of the trustee or whether a trustee should be reimbursed for expenses incurred in the administration of trust.

Most cases settle. Generally a deed of release is the best way to wrap up a dispute. Read our article to find out what goes into a deed of release.

Some transactions with an insolvent company can be "attacked" by a liquidator. If the liquidator goes to court and succeeds on the claim then the recipient of the "benefit" may need to repay the benefit(s) or perhaps pay compensation to the liquidator. These transactions are known as voidable transactions.

In NSW legislation exists that permits eligible persons to contest a will within specific timeframes. This article provides the basics on contesting a will under the legislation whilst noting there may be other grounds for a will contests such as where the testator lacks capacity or was unduly influenced.

Directors have the power to manage a company. If directors' duties did not exist then members would be able to very little if directors engaged in self dealing or otherwise managed the company inappropriately. Find out more about the duties of directors and what happens if the obligations are breached.

Shareholder oppression is typically conduct by the majority of the members that is contrary to the interests of members as a whole. Minority shareholders obviously cannot control the board of directors so may need to look at other options to protect their rights such as oppression proceedings.

When a company is wound up in liquidation it is sometimes necessary for the liquidator to examine officers and employees of the (insolvent) company. This is done by way of a public examination on the examinable affairs of the company in question. To learn more read the article that follows.

Almost all everyday relations are governed by contract and the many varieties of legislation (aka statutory overlays) that govern such contracts in turn. Invariably, disputes arise as to whether there was a contract, if there was one what it all meant and what rights (if any) flow from the breach of the contract. This blog article provides a basic overview of some of the relevant matters in a contracts dispute so readers can get a sense of a breach of contract case might be looked at. 

Ordinarily, a contract needs to be performed. Sometimes external factors such as a public health crisis (e.g. Covid-19) may lead to questions about the enforceability of contracts where there is a force majeure clause. This article discusses the basics.

When a creditor lodges a proof of debt with the liquidator it is possible the liquidator will reject some portion of the claim or the claim in its entirety. Litigant may be able to assist by either negotiating between the creditor and the liquidator (whether by acting for one or the other), or by assisting the creditor (or liquidator) in respect of any application made to the court regarding a rejected proof of debt.