InsightsCommercial & family law
Practical analysis of Victorian and Australian law for business owners, directors and separating couples with significant assets. New articles are published every week.
A right to live in the family home under a Victorian will may create a life estate or a personal licence. The distinction affects the surviving
A company indemnity and D&O insurance provide different protections for directors. Understand the limits imposed by sections 199A–199C of the Corporations Act, when defence costs may
A professional practice’s goodwill can materially affect a property settlement after separation. This article examines personal and commercial goodwill, transferability, value to the owner and the
A dispute about contractual meaning requires careful attention to both the wording and the evidence a court can consider. This article examines the true rule in
Beneficiaries of Victorian estates can seek verified accounts when an executor leaves requests unanswered. Understand what estate accounts must disclose, how to document a demand, and
Shareholders seeking to remove a director must establish both a valid removal procedure and sufficient voting support. This article examines proprietary and public company rules, the
Cryptocurrency holdings can complicate property settlements where ownership, transaction records or current values are disputed. This article examines disclosure obligations, wallet tracing, exchange subpoenas and valuation
A bankruptcy notice can lead to proceedings against an individual, but bankruptcy does not follow automatically or guarantee repayment. This article explains judgment debt requirements, compliance
A commercial breach does not automatically justify termination. Following Koompahtoo, the consequences of breaching an intermediate term can determine whether a business may lawfully end the
Changes to preference share rights can affect dividend priority, voting power and returns on an exit. This article examines the section 246B procedure, deemed variations, the
After Shinohara, spent assets cannot be notionally added back to the property pool. For separating business owners and high-net-worth individuals in Victoria, their treatment depends on
A liquidator’s disclaimer can extinguish a tenant’s leasehold estate, leaving the tenant to claim loss in the liquidation. This article explains how a section 568 disclaimer
