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Recorded Webinars

Recorded Webinar: Shareholder Oppression: From Sour Grapes to Strategic Moves

In any relationship, things are often good…until they aren’t. When this happens within a company setting, shareholders may find themselves being unfairly treated, being excluded from managing the company’s affairs, not receiving their fair share of profits or unable to offload the
PRESENTED BY James d'Apice Principal Lawyer - Gravamen , Sydney

Date/Time

About the Webinar

In any relationship, things are often good…until they aren’t. When this happens within a company setting, shareholders may find themselves being unfairly treated, being excluded from managing the company’s affairs, not receiving their fair share of profits or unable to offload their interest in a company. While in some cases, disgruntled shareholders may well be experiencing a case of sour grapes, in other cases it may amount to shareholder oppression. This session provides a deep dive into the strategy and procedure involved with shareholder oppression and considers:

  • The relevant definitions and elements required to be proved under ss232 and 233 of the Corporations Act and what conduct meets the threshold
  • The remedies available for shareholder oppression, including novel approaches as per Russel v Lee Holdings Pty Ltd (No.3) [2020] WA SC 346
  • The pros and cons of more common outcomes, including orders to wind up, changes company’s constitution, acquiring shareholder’s shares
  • How to apply - who has standing, time limits, forms and other documents required, when to bring in Counsel, and  specific court procedures that may apply
  • The relevance of the conduct of the potential claimant to their prospects of success -  what may constitute unreasonable conduct
  • Tips to mitigate prejudicial actions and practical strategies to assist clients to manage the breakdown of their commercial relationships

Presented By

James d'Apice
Principal Lawyer, Gravamen Sydney, NSW

Chiefly, James is a corporate and commercial litigator acting for private clients, commercial entities and NFPs.

James uses the internet to build and maintain his practice via a podcast and series of videos using the title “Coffee and a Case Note”. There, James has the opportunity to briefly reflect on recent decisions over a cup of coffee, sharing his knowledge with others in way that is both approachable and rigorous.

Who Should Attend?

This webinar is suitable for lawyers practising in commercial law – Australia wide. This webinar is for practitioners with some knowledge in this area and looking to improve their knowledge.

CPD Information

Lawyers can claim up to 1 CPD unit/point – substantive law. This webinar has been designed to run for 1 hour, however, webinar lengths can vary depending on the level of questions and discussion.

WA lawyers – Please note that TEN is unable to verify your completion of recorded webinars to the Legal Practice Board of WA. TEN is an accredited provider.

While TEN takes all reasonable care to include accurate and up-to-date information regarding CPD category classifications and compliance obligations, information regarding CPD point allocation are provided as a guide only. Allocation of CPD points is subject to the CPD requirements of your jurisdiction, personal circumstances and professional requirements. You are solely responsible for determining whether a particular product is appropriate for your CPD requirements.

Enquiries/Assistance

If you need assistance or have an enquiry, please do not hesitate to contact our Webinar Coordinator, Lisa Tran on (03) 8601 7709 or email: [email protected]

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