The case of BBHF Pty Ltd v Sleeping Duck Pty Ltd [2024] provides useful guidance regarding shareholder oppression claims in the context of investment in start-ups.  The decision highlights the need for clear, written shareholder agreements and the objective test applied when assessing whether oppressive conduct has occurred. 

The Attorney-General has announced reforms to Australia’s bankruptcy laws which seeks to reduce the stigma associated with entering into bankruptcy and to ensure that Australia’s bankruptcy system is fairer and operates in the best interests of all Australians.

Certain retail premises are excluded from the protection and requirements of the Retail Leases Act 2003 (Act), including premises used for the retail provision of services located above the first three floors in a multi-story building (Third Storey Exclusion). A recent VCAT ruling in Aqua Greenland Pty Ltd v Max Therapy School Pty Ltd (Building and Property) [2023] VCAT 449 has considered the Third Story Exclusion.

Purchasing or building a new home is often said to be the largest financial commitment an individual or a couple will make in their lifetime. People will take on substantial mortgages in order to build their dream homes or investment properties. Therefore, it is extremely important that you ensure the legal goalposts are set from the beginning and understood by all parties, before signing on the dotted line.

As confirmed by the High Court’s decision in Burns v Corbett [2018] HCA 15, state tribunals, such as VCAT, do not have the jurisdiction to hear disputes between interstate parties.

In October, the High Court handed down its judgment in the case of Peter Mann & Anor v Paterson Constructions Pty Ltd [2019] HCA 32 (Paterson), clarifying principles and providing constraints in respect of a claim on the basis of quantum meruit.

Harwood Andrews has acted for the City of Greater Geelong in a successful prosecution of the owners of ‘the Ritz’ - a prominent heritage listed building located on Bellerine Street, Geelong.

It is an unfortunate fact of life that running a business will not always go smoothly, and occasionally disputes will arise between business owners and business investors. A unit trust is a popular structure for conducting a business, but it has traditionally presented business owners and investors with some difficulty when seeking to resolve their disputes. 

The law of defamation traditionally relates to printed statements, such as a newspaper articles or ‘tell-all’ books. However, defamatory statements are increasingly made online and can be accessed repeatedly by readers.