Coffee and a Case Note

Sure, corporate oppression is fun but what about reasonable notice for board meetings?!   A director (or *former* director) applied for immediate interlocutory relief.  The relevant Co found mining tenements and on-sold them. Its strength was its speed: [9]. Perhaps naturally, the board often met on short notice: [21]   In August 2018 the directors declared our applicant was no long...

I hope you take some value from this one hour (or so) CLE where I sketch out the Australian privacy regime as it currently stands including a consideration of notifiable data breaches. This talk covers four areas: 1. What is the legislative privacy framework? 2. How does privacy work in practice? Both "macro" statistics and "micro" examples. 3. How do you avoid a data breach? 4. What do you do if...

“Get it in writing!”    Relying on a conversation to vary a contract has its challenges, especially after you’ve gone down at first instance.  Party A provided services to Party B – a company – pursuant to a contract. Party C guaranteed Party B’s contractual obligations.   Party B failed to pay the fees owed pursuant to the contract. Party A sued for the fees and won. But by th...

So, when is your loan agreement void for uncertainty?  When are a contract's terms so vague that the Court can't find any real agreement between the parties?  The NSW Supreme Court  considered a loan agreement obliging the borrower to pay interest "at such times, for such periods and at such rate or rates as shall be determined by the lender from time to time": [6].  Generally,...

“Mr X, in the company of a young female acquaintance, lost control when driving the vehicle for purposes unrelated to his possession of the vehicle.”: [4].   Has a saucier sentence even been written?   Anyway, here a car owner gave possession of his 2006 F430 Spider Ferrari (which is a type of car, I’m told)* to a company for the company to rent it out.  The owner said he did so bec...

I’m Australian lawyer, James d’Apice. I host a video series called “Coffee and a Case Note” where I try to give some value by summarising a recent legal case while sipping a coffee. This podcast is the audio version of that series. I hope you’ll join me!