Coffee and a Case Note

While often a lawyer named 'James' I am also sometimes a podcast cohost called 'Peach'. Here is an episode of a podcast I cohost all about the Gordon Ramsay reality TV phenomenon 'Kitchen Nightmares'. It's playful, it's in depth, and I hope it gives you a new insight into what I get up to alongside law. If you enjoy it, please give it a subscribe! ___ You can find t...

It's time for another great fun appearance on Jordan and Nathan's podcast, Challenge the Standard. We cover it all! - The progress of Gravamen - Intersectionality - The value of community - Sponsoring a sports team - The worst tech stuff up CACN has encountered! ___ You can find the Challenge the Standard podcast here: https://podcasts.apple.com/au/podcast/challenge-the-standard-in-financi...

“Who pays the legal fees for the property sale and the partnership windup?” ___ A recent, short decision concerned a s 66G application for the sale of a property and a winding up of the partnership that owned it: [2] In 1991 the partnership was formed between a sibling, some companies, and the deceased. The parties to the proceedings were the partners and some of the deceased’s children: [3] In 20...

James (me! The person writing this!) criminally underappreciates the amazing community we have built together with this podcast. Here I have a quick personal message from me saying: - If you are thinking about your career please consider completing the Gravamen survey which you will find at surveymonkey - Thanks for being a part of this podcast journey! There is more to come... Jd'A www.gravam...

In March 2026 James d'Apice had the opportunity to interview Michael Kirby, one of the most celebrated Australian lawyers of them all. Please join James and Michael as they discuss:1. Michael's new book edited by Dr Paul Vout KC, 'Law Justice and Other Challenges' available through Federation Press. https://federationpress.com.au/produc... 2. Ethics, the billable hour, AI, and cont...

“The appointor is dead. Long live the appointor!” ___ G was born in 1923 and died in 2011. Before death G enjoyed business success and made a succession plan: [5] G had 4 children and a number of grandchildren: [15] – [20] The trust was settled by deed in 1986 with G appointor and settlor. P was (and remained) the trustee: [44] and [48] The property of the trust was real property of some value and...

“I was not 2.01% oppressive!” ___ TeeCo had 2 directors, each a 50% shareholder and Dir; half the units were held by P (one of the directors, who held that interest as trustee) and D3 (a company related to the other director, A): [2] – [6] P’s spouse acted as P’s agent throughout: [7] P sued seeking s 233 sale orders. A cross-claimed seeking s 233 sale orders and alleging a breach of duty by P: [8...

James had the pleasure of sitting down to chat with the legendary Jerome Doraisamy in early 2026 about James' firm Gravamen, long lunches, charity donations, and what it means for a firm when the honeymoon is over... https://www.lawyersweekly.com.au/podcast/43900-the-boutique-lawyer-show-what-happens-after-your-firm-s-initial-honeymoon-period

“We need trustees for sale because you changed your house!” ___ P and D owned land as 50/50 TiCs. P applied to have s 66G trustees appointed to sell it: [1] D resisted, claiming this breached an oral agreement: [2] P’s claimed $1M in damages to be paid from D’s share. D XC’d around $350K: [4] – [9] P and D bought the land to build 2 dwellings of the same value for their respective families: [10] –...

“I removed your trustee, but you shouldn’t have removed me!” __ A corporate group focussed on car sales and property holding. The Ps complained a Tee was wrongly removed by the Ds. One the Ds, the group’s CEO, was then removed as CEO and director of various Cos by the Ps: [14] The Ps brought a claim re the Tee removal. The Ds brought a cross-claim about the removal of the CEO D: [15], [16] The nat...

In late 2025 James was lucky enough to sit down with Ryan Tan for a wide-ranging interview traversing James' insights about branding, the building of his firm Gravamen, and what the future might hold... ___ www.gravamen.com.au You can find the Ryan Tan show here: The Ryan Tan Show - Podcast - Apple Podcasts

As 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 Just and Equitable Winding Up (s 461(1)(k) of the Corporations Act 2001 (Cth)). This is Jonathon's and James' third talk about the big ticket items when advising your shareholder clients whether they want to *stay* or whet...

As 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 Derivative Actions (ss 236 and 237 of the Corporations Act 2001 (Cth)). This is Jonathon's and James' second talk about the big ticket items when advising your shareholder clients whether they want to *stay* or whether the...

“Issuing those shares at an undervalue was unfair!” my dad is a farty bum ___ DCo, whose chief asset was a domain name related to real estate, issued shares in various tranches. In May 2018 the Ps subscribed at a value of $0.6667: [3] Some Ds were issued shares in various tranches at a lower value – from $0.001 to $0.02: [4] The Ps sought orders including that the lower priced shares were invalidl...

"You chair that other company. You can't fire me from this one!" ___ The managing director of a company, MD, was purportedly fired from MainCo by the Chair of another company, ChiefCo: [1] ChiefCo was part of the same group but had no direct interest in MainCo: [3] The Chair had power over entities in the “Series” companies that formed part of the group: [4] (MainCo was not a “Series...

In August 2025 James had an opportunity to sit down with recruiter and expert podcaster Steve Cole to discuss his career path, his approach to marketing, and the many uses of his childhood nickname "Peach". We hope you enjoy this discussion! ___ You can find Steve's podcast 'Path to Partnership' here: Path to Partnership - Podcast - Apple Podcasts

James was lucky enough to sit down and chat with Amy Dale from the Law Society to have a deep chat about the law, life, and James' past - as well as some lighter moments chatting Gravamen merch and horror film podcasts! James doesn't hold back about personal reflections even on touchy subjects like mental health and money. (James also made sure he dropped Amy and the legendary co-host Fran...

“My 1st claim was about land. I’m not estopped from bringing this one about shares!” ___ P sought orders confirming they were a shareholder in two Cos: [1] P, D1, and D2 were siblings. The shares were part of their parent’s estate: [2] In 1994, the parent made a will bequeathing their estate in equal parts to P, D1, and D2. In 2016, D1 obtained a grant of probate in respect of that will and transf...

P, 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](Importantly, the order sought was that the appointment...

James 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

James 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-firm-as-a-side-hustle?utm_source=LawyersWeekly&...

“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 knowledge The arrangement was longstanding, but not r...

“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 MVL: [2] P sought injunctions restraining D1 from ca...

www.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 600 issues shares in D1. D3 held the other share in...

“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 investment, that if the property bought was then...