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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The ChatterMatters Podcast features guests from the legal profession and brings their legal journeys to the fore. The podcast aims to highlight the 'how' and the 'why' behind each guest's journey within the law.
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Join Monash Future Thinkers and our guest experts in conversations about our shared future.
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Chamberlains Law Firm is a fast-growing full-service law firm head quartered in Canberra with an ever-expanding office in Sydney, Newcastle and Perth. We are currently one of the largest and most well-regarded law firms in the Australian Capital Territory New South Wales and Western Australia. Our real-world understanding, nationally-recognised expertise, and straightforward advice, provides you with the information you need to know to keep updated on the latest legal news, events, issues an ...
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This podcast hosted by Lara Quie, explores the fascinating world of the legal ecosystem and the people within it. From rainmakers at global elite firms to trainees just starting to get their feet wet. From King’s Counsel, barristers, in-house counsel and the judiciary to legal tech innovators, pricing specialists, HR managers, business development and marketing professionals, legal headhunters and everyone else who is a mover and a shaker in this space. My goal is to help you see your world ...
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James d'Apice and Iolanthe Gabrie, Ruby Assembly | Real Ambition Podcast June 2025
36:32
36:32
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36:32James 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 June 2025. Together they get deep on branding, Rory Sutherland, and contemporary horror films. Check it out! You can find Iolanthe's podcast here: https://open.spotify.com/show/3fgIdiaiSxD4F8iZO7xgXo…
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Maroubra Seals Sports & Community Club Limited [2025] NSWSC 784
7:32
7:32
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7:32P, 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 auditor was qualified but not validly appointed in contravention of the Corps Act: [2]P sought a declaration pursuant to s1322(4) that the purported appointment of the auditor was not invalid: [3](Impor…
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Lawyers Weekly interview with James d'Apice | Jerome Doraisamy on the Boutique Lawyer Podcast June 2025
34:14
34:14
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34:14James 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 life, law, and where Gravamen is still a side-hustle... You can find a link here https://www.lawyersweekly.com.au/podcast/42265-the-boutique-lawyer-show-unique-branding-charitable-donations-and-the-f…
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Atalanta Investments v Kalgoorlie Projects [2025] FCA 607
7:16
7:16
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7:16“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 were Cos. P’s dir and D’s dir were the dirs of ShopCo. ShopCo owned a retail centre with a possible value of ~$53m: [2], [3], [57] The dirs had a falling out: [3] D provided property services to ShopCo, with P’s kno…
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In the matter of Cryptai Pty Ltd (No 2) [2025] VSC 217
9:07
9:07
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9:07“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 trade. Its purpose was holding Techshares: [16] The Techshares were illiquid: [25], [26] A GM of D1 was called proposing D1 would either (i) sell the Techshares to a specified purchaser or (ii) failing that, go into MV…
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Episode 19 - Hon. Michael Kirby AC CMG (Former Justice of the High Court of Australia)
1:06:41
1:06:41
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1:06:41Send us a text In this special in-person episode, Amogh sits down with the Hon. Michael Kirby AC CMG - Australia's "Great Dissenter" and a former Justice of the High Court of Australia (Australia's Highest Court) - for a wide-ranging conversation recorded at his chambers in Sydney. Justice Kirby reflects on his early years as a proud public school …
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Brave Moves: Norah Durrant on Owning Your Legal Career - Episode 51
41:10
41:10
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41:10In Episode 51, The Legal Genie, Lara Quie, is in conversation with Norah Durrant, a former employment lawyer turned specialist recruiter focused on helping senior female lawyers take the next bold step in their careers. Norah speaks candidly about what it really takes to make partner in the legal world and why it’s okay if you have a squiggly caree…
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In the matter of Heartland Group Pty Limited [2025] NSWSC 367
8:53
8:53
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8:53www.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 of a Co, D1, to consider certain special resol’ns. D4 opposed the application. (D4 was a director of D1, D2, and D3.): [1] D1, and the parties generally, were part of a larger corporate group: [2] D2 held 599 of the 6…
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How to be Buddy Brilliant at BD and LinkedIn with Yuankai Lin - Episode 50
43:48
43:48
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43:48What happens when you combine legal expertise, LinkedIn creativity, and a Golden Retriever with serious charisma? In this milestone 50th episode, host Lara Quie chats with Yuankai Lin, Partner at RPC Premier Law in Singapore—and his four-legged co-star Buddy, the self-appointed Chief Happiness Officer. From navigating a legal career across prestigi…
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Li v Perpetual Holdings Pty Ltd [2025] NSWSC 175
11:48
11:48
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11:48“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 Cos only: [9] P’s dad spoke with D1 and D2 about an investment. P later transferred $9.2m to one of the DCos: [3], [5] There was no written agreement: [6] In 2017, all agreed the $9.2m would be used for property…
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James d'Apice, Jordan Vaka, and Nathan Fradley | Challenge the Standard Podcast March 2025
1:09:23
1:09:23
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1:09:23This is probably my favourite podcast to appear on as a guest! Another great discussion with Jordan and Nathan about life, branding, Drake v Kendrick, hourly rates, touch football results, and how to chart a principled path in professional services. Enjoy! You can find Jordan's and Nathan's pod here: https://podcasts.apple.com/au/podcast/challenge-…
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Stay or Go?: Part One, Corporate Oppression | Jonathon Dooley of Greenway Chambers and James d'Apice of Gravamen on Corporate Oppression for BenchTV
1:00:35
1:00:35
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1:00:35As part of a series of three talks together, James d'Apice recently joined eminent senior junior barrister Jonathon Dooley of Greenway Chambers to discuss the law of Corporate Oppression. This is Jonathon's and James' first talk about the big ticket items when advising your shareholder clients whether they want to *stay* or whether they want to *go…
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"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 trust. A was a principal benef of the trust: [3] Pursuant to the trust deed, absent a resol from TCo the trust’s income would be paid to the trust’s principal benefs: [3] From 1988 to 1994 A was a director of TCo: …
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In the matter of Macarthur Farm Pty Ltd [2025] NSWSC 40
9:17
9:17
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9:17“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 was D1’s spouse: [1] - [3]D1 incorporated P to buy a valuable piece of land (“Property”). P borrowed the funds from Lender for that: [4]After completion, D1 caused P to lodge a BAS. The resultant refun…
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QLD Keystone Pty Limited [2024] NSWSC 1678
10:18
10:18
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10:18“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 behalf for $110k: [2], [3] P held 70% of the shares in the Co, and an entity related to D held 10%. The Co was no longer active: [4], [10], [25] The issue was: D caused $110K to be transferred from the Co to one of D’…
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Gainer Associates Pty Limited [2024] NSWSC 1437
5:39
5:39
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5:39"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 beneficiaries, Spouse 1 and Spouse 2: [2], [8] Spouse 1 died in 2014 bequeathing their estate entirely to Spouse 2: [2], [11] The Tee lost the trust deed: [2] While general law dictated some of the terms of the trust, having los…
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Noodles and Numbers to Authentic LinkedIn Influencer with Eric Sim - Episode 49
44:56
44:56
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44:56In this inspiring episode of The Legal Genie Podcast, host Lara Quie sits down with Eric Sim, a LinkedIn sensation with over 2 million followers, accomplished banker, lecturer, and author of Small Actions: Leading Your Career to Big Success. From humble beginnings helping at his father's prawn noodle stand in Singapore to becoming a managing direct…
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Macquarie Retail Pty Ltd v Dexus Capital Funds Management Ltd [2024] NSWSC 1413
9:54
9:54
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9:54“Hey! You can’t transfer your shopping centre stake to them!” ____ Two contracts governed the relationship between co-owners of a large, suburban shopping centre: [1] In 2012 the co-owners were P as to 50%, and two other entities in the same group for 25% each: [2] The arrangement contained rights regarding share transfers; the breach of which allo…
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“The partnership’s book is a liability, not an asset!” ___ A and R operated an insolvency practice in partnership. Like many such businesses, it would build up “WIP” in a matter and that WIP would be paid (or not) over time: [3], [4], [6] The business was profitable: [49] In September 2014, A ended the partnership electing to go out on their own wi…
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Eighth Avenue Austral Pty Ltd [2024] NSWSC 1262
9:09
9:09
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9:09"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 exp…
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Building Your Business Development Pipeline with David Ackert - Episode 48
41:07
41:07
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41:07In this episode of The Legal Genie Podcast, your host, Lara Quie, sits down with David Ackert, a seasoned business development mentor and entrepreneur, to dive deep into building a robust business development pipeline. David, founder of Pipeline Plus and a former TV actor, shares his unique journey from the entertainment world to helping profession…
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Episode 18 - Wenee Derricott-Yap (Lawyer, Entrepreneur, Academic, and Author)
1:23:43
1:23:43
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1:23:43Send us a text Welcome to another episode of the ChatterMatters Podcast. In this episode, I chat with the incredible Wenee Derricott-Yap - a lawyer, author, entrepreneur, academic, and even a Sydney to Hobart race winner! Wenee's journey is a fascinating one, from founding the popular #SurviveLaw platform designed to provide law students with helpf…
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David & Ros Carr Holdings Pty Ltd v Ritossa [2024] NSWSC 1125
12:33
12:33
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12:33“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 ex…
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Finding Your Unique Voice as an Advocate with Gopal Sreenevasan - Episode 47
31:06
31:06
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31:06In Episode 47 of *The Legal Genie Podcast*, your host, Lara Quie, sits down with Gopal Sreenevasan, a highly regarded advocate with decades of experience in Malaysia and host of “Advocates, the Podcast”. Gopal delves into his personal journey, from growing up in Kuala Lumpur and his time at Epsom College and Warwick University. The conversation tou…
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James d'Apice Interview with Rebecca Barry August 2024 | Glover Lane's 'What Keeps You Up At Night?' Podcast
58:49
58:49
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58:49In 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 lit…
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A Trusted Advisor with Good Judgment – An Exclusive Conversation with Edmund Leow SC - Episode 46
25:19
25:19
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25:19Episode 46: A Trusted Advisor with Good Judgment – An Exclusive Conversation with Edmund Leow SC In this insightful episode of *The Legal Genie Podcast*, host Lara Quie sits down with the esteemed Edmund Leow SC, a Senior Partner at Dentons Rodyk and former Judicial Commissioner of the Singapore Supreme Court. With over three decades of experience …
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Direct FX Trading Pty Ltd (in liq) (No 2) [2024] NSWSC 1079
7:44
7:44
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7:44“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
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“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 p…
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“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: […
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Episode 17 - Jeremy Grunfeld (Lawyer + Student Success Strategist)
55:45
55:45
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55:45Send us a text Welcome back to another episode of the ChatterMatters Podcast. In this episode, Amogh sits down with Jeremy Grunfeld, a lawyer turned student success strategist who worked at Forage (now acquired by EAB). Forage is an educational technology company that offers free job simulations to students across several different professions incl…
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David Morgan Investments Pty Ltd v Maggie Beer Holdings Ltd [2024] NSWSC 778
9:06
9:06
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9:06“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…
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Episode 16 - Riley Anastasio (Employment Lawyer)
1:04:12
1:04:12
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1:04:12Send us a text Hi everyone and welcome back to another episode of the ChatterMatters Podcast. In this episode, Amogh sits down with Riley Anastasio, an employment lawyer and a legal counsel at Source. Riley talks about how he went from initially wanting to pursue physiotherapy to then switching to a law degree, as well as some of the invaluable les…
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“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…
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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
56:33
56:33
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56:33The 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…
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Your Digital Reputation Podcast | James d'Apice and Roger Christie April 2024
51:48
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51:48In 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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Episode 15 - Rohan Bilimoria (Global Community Development Lead + Lawyer)
1:22:12
1:22:12
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1:22:12Send us a text Hi everyone and welcome back to another episode of the ChatterMatters Podcast. In this episode, Amogh sits down with Rohan Bilimoria, an experienced private practice and in-house lawyer who currently leads Global Community Development at Law Squared. Aside from working at Law Squared, Rohan is also the founder of Law Ninjas which is …
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Mel Storey's Counsel Podcast | Mel Storey and James d'Apice November 2023
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37:22Gaaaah! 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: …
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“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…
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James d'Apice chat with Amogh Kadhe - ChatterMatters Podcast April 2024
1:01:11
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1:01:11James 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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“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…
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Episode 14 - James d'Apice (Disputes + Litigation)
1:01:11
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1:01:11Send us a text Hi everyone and welcome back to another episode of the ChatterMatters Podcast. In this episode, Amogh sits down with James d'Apice, an experienced litigator who also wears several other hats (including that of a podcast host!). James predominantly practices in areas such as corporate oppression, derivative action, and other related f…
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Lewis v Martinez and the persons named in the Schedule (No 5) [2024] NSWSC 359
8:19
8:19
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8:19“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…
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James d'Apice on the Personal Branding Unlocked Podcast - March 2024
1:01:36
1:01:36
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1:01:36In 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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Park v Monreacon Pty Ltd & Ors [2024] QSC 44
10:39
10:39
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10:39“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…
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Episode 13 - Mei Gong (Senior Associate - Competition and Consumer Law)
1:14:52
1:14:52
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1:14:52Send us a text Welcome to Season 3 of the ChatterMatters Podcast! Whether you're a first-time listener or a returning fan, we're excited to have you join us for another season of intriguing legal tales. This season's guest lineup is packed with some amazing individuals from the legal profession. Kicking off the first episode of this season is Mei G…
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David Turner and James d'Apice - Discussion on the Hearsay Podcast February 2024
46:04
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46:04In 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…
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James d'Apice in conversation with Jacob Malby - March 2024
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23:37In 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…
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“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 …
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In the matter of BH Holdings QLD Pty Ltd [2024] NSWSC 132
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6:44“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…
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Irwin v Pamplin & Ors (No 4) [2024] NSWSC 73
7:10
7:10
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7:10“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…
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