PODCAST · education
Coffee and a Case Note
by James d'Apice
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.
Episodes
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RD Beechworth Pty Limited [2026] NSWSC 1098
“I own 40% of you, and I’m winding you up!” ____ The Ps sued to wind up a Co pursuant to s461(1)(k), the “just and equitable” basis. The Co opposed: [1], [4] The Ps held 40% of the Co’s shares, an SPV incorp’d for residential development: [1], [2], [157] The remaining 60% to 2 entities whose...
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Sibley Investments Pty Limited v Oldfields Advance Scaffold [2026] NSWSC 1021
“You breached the shareholders agreement, so transfer your shares to me!” ___ P and D were shareholders in a Co. P (who held 40%) sued D (who held 60%) alleging D’s breaches of the SHA entitled P to have D’s shares transferred to P: [1] – [4], [7] This breaches, said P, were D taking unauthorised...
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James d'Apice with Seun Idowu, "What's In A Name?" Series | Hall and Wilcox Smarter Lawcast July 2026
In July 2026, James has an opportunity to sit down with Hall & Wilcox partner and host of the Hall & Wilcox podcast "What's in a name?" to talk about diversity, inclusiveness, and using one's privilege for the benefit of all. You can find the original podcast here:...
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Oceanic Capital v Freedom Care [2026] WASC 308
“I need some documents to figure out if I have an oppression claim.” ___ P, a 1.15% shareholder in ASX-listed D, sought production of 6 categories of documents from D pursuant to s 247A: [1], [6] D opposed the application saying there was no case to be investigated: [4] D’s major business was an...
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Capital Guard AU Pty Limited [2026] NSWSC 897
“I’m the regulator. You’re getting wound up.” ___ ASIC sought an order winding up a Co pursuant to s 461(1)(k): [1] Neither the Co nor its Dir appeared in the litigation: [2] (A Co failing to appear at its own winding up application did not inspire confidence in the Co’s management: [20]) The…
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Lanmar Pty Limited (No 2) [2026] NSWSC 800
“You haven’t proved the shares’ value, so we need a receiver!” ___ P, D3, and D4 were equal 1/3 shareholders in a defence consulting Co. P sought a s 233 order that D3 and D4 buy its shares: [1], [2], [9] There were disputes between the dirs (each controlling P, D3, and D4) in managing the Co…
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Lao v Taing [2026] VSCA 131
“It’s not my fault the payments were a pointless waste!” ___ 2 families resolved to develop land through a unit trust: [1], [2] R held a 40% stake. A, and related interests, held the remaining 60%: [2] – [4] At trial, R won an oppression claim alleging A caused the Co’s conduct to be unfairly...
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A special treat: 'The Nightmare Method'!
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…
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James d'Apice on 'Challenge the Standard' with Jordan Vaka and Nathan Fradley | May 2026
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...
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Warren v Whittaker [2026] NSWSC 470
“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...
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A thank you from James d'Apice | May 2026
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...
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Michael Kirby in conversation with James d'Apice | March 2026
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...
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Deemhire Pty Limited [2026] NSWSC 318
“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...
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Lamrock Place Property Pty Limited [2026] NSWSC 52
“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...
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Lawyers Weekly Interview | James d'Apice and Jerome Doraisamy March 2026
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......
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Russo v Russo [2026] NSWSC 4
“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] –…
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Boyded Industries v Heartland One [2025] NSWSC 1344
“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…
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James d'Apice interview with Ryan Tan on the 'Ryan Tan Show' | November 2025
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…
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Stay or Go?: Part Three, Just and Equitable Winding Up | Jonathon Dooley of Greenway Chambers and James d'Apice of Gravamen for BenchTV
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...
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Stay or Go?: Part Two, Derivative Actions | Jonathon Dooley of Greenway Chambers and James d'Apice of Gravamen for BenchTV
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...
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In the matter of Quantra Group Pty Limited [2025] NSWSC 1123
“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…
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AMCI Investments Pty Limited [2025] NSWSC 1019
"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…
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James d'Apice interview with Steve Cole on 'Path to Partnership' Podcast | August 2025
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'...
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James d'Apice on Law Society's 'Just Chat' Podcast | August 2025
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…
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C & V Engineering Co Pty Limited v Pizzolato Nominees Pty Limited [2025] NSWSC 857
“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...
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Maroubra Seals Sports & Community Club Limited [2025] NSWSC 784
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...
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James d'Apice and Iolanthe Gabrie, Ruby Assembly | Real Ambition Podcast June 2025
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:...
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Lawyers Weekly interview with James d'Apice | Jerome Doraisamy on the Boutique Lawyer Podcast June 2025
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...
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Atalanta Investments v Kalgoorlie Projects [2025] FCA 607
“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]…
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In the matter of Cryptai Pty Ltd (No 2) [2025] VSC 217
“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...
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In the matter of Heartland Group Pty Limited [2025] NSWSC 367
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…
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Li v Perpetual Holdings Pty Ltd [2025] NSWSC 175
“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...
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James d'Apice, Jordan Vaka, and Nathan Fradley | Challenge the Standard Podcast March 2025
This 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...
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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
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 Corporate Oppression. This is Jonathon's and James' first talk about the big ticket items when advising your shareholder clients...
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Gillespie v Gillespie [2025] NSWCA 24
"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...
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In the matter of Macarthur Farm Pty Ltd [2025] NSWSC 40
“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...
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QLD Keystone Pty Limited [2024] NSWSC 1678
“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...
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Gainer Associates Pty Limited [2024] NSWSC 1437
"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…
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Macquarie Retail Pty Ltd v Dexus Capital Funds Management Ltd [2024] NSWSC 1413
“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…
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Warner Capital v Shazbot [2024] NSWCA 245
“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…
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Eighth Avenue Austral Pty Ltd [2024] NSWSC 1262
"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…
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David & Ros Carr Holdings Pty Ltd v Ritossa [2024] NSWSC 1125
“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...
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James d'Apice Interview with Rebecca Barry August 2024 | Glover Lane's 'What Keeps You Up At Night?' Podcast
In 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...
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Direct FX Trading Pty Ltd (in liq) (No 2) [2024] NSWSC 1079
“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…
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Mamae Pty Ltd [2024] NSWSC 1032
“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...
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Singh v Singh [2024] NSWSC 932
“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...
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David Morgan Investments Pty Ltd v Maggie Beer Holdings Ltd [2024] NSWSC 778
“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...
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Pirrottina v Pirrottina [2024] NSWSC 558
“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...
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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
The 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)...
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Your Digital Reputation Podcast | James d'Apice and Roger Christie April 2024
In 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...
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ABOUT THIS SHOW
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.
HOSTED BY
James d'Apice
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Frequently Asked Questions
How many episodes does Coffee and a Case Note have?
Coffee and a Case Note currently has 262 episodes available on PodParley. New episodes are automatically indexed when they're published to the podcast feed.
What is Coffee and a Case Note about?
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.
How often does Coffee and a Case Note release new episodes?
Coffee and a Case Note publishes regularly with 262 episodes available. Check the episode list for the typical release schedule.
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You can listen to Coffee and a Case Note on PodParley by clicking any episode. We provide an embedded audio player for direct listening, and you can also subscribe via your preferred podcast app using the RSS feed.
Who hosts Coffee and a Case Note?
Coffee and a Case Note is created and hosted by James d'Apice.
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