Insights

A trustee’s discretion is broad, but it is not unlimited. After two brothers caused approximately $1.36 million in family trust funds to be distributed to themselves, excluding their sister, the Court found that hostility had displaced the proper exercise of discretion. The Trani v Trani decision highlights the duties trustees must observe and when beneficiaries may challenge a distribution.

Disputes over family wealth often involve more than money, with longstanding expectations, informal promises and questions of fairness driving conflict. Catherine Ballantyne examines common issues involving wills, family trusts, executor conduct and promised property, and explains how careful planning, clear records and early advice can help protect both family relationships and assets.

A $3,587,557 buy-out price for shares the majority shareholders claimed were worthless highlights the risks of shareholder oppression. The ANIT Australia proceedings demonstrate how exclusion from management, inaccurate financial records and diverted income can lead to Court intervention, with important lessons for business owners about minority shareholder rights, share valuations and the remedies available when relationships break down.

Sale-readiness starts well before a buyer makes an offer. Zahara Bedewi-Hayes explains how organised records, clear contracts and reduced owner dependence can protect business value and strengthen your negotiating position.

A job title does not always tell the full story. In *Lao v Taing*, the Victorian Court of Appeal examined a company secretary’s actual role in managing a property sale and distributing settlement funds, offering a reminder for family businesses and private ventures.

When selling a business, intellectual property can be one of the most valuable assets being transferred. But sellers are often caught out by created IP, especially where software, branding, website content or processes were developed by contractors, freelancers or agencies without a proper written assignment.

Long-awaited reforms to Victoria’s Local Government Act 2020 have finally been introduced, bringing changes to mayoral removals, councillor leave, standdowns and CEO employment. But some of Operation Sandon’s biggest reform questions remain untouched.

A recent Victorian Supreme Court decision has confirmed that a person listed on the ASIC register as a director may not be a director at all if they never gave genuine consent, never acted in the role and received no benefit from the appointment.

Historic PPSR registrations can sit on the register long after a loan, lease or supply arrangement has ended. For businesses seeking finance, refinancing or preparing for sale, those old registrations can create delay, confusion and commercial risk.

Disputes between siblings over inheritances, family trusts, companies and family businesses are becoming increasingly common in Australia. While many people assume these conflicts are driven by money, the underlying causes are often decades of family dynamics, differing expectations and disagreements about what is fair.

Buying or selling property in Victoria? Building and pest inspection clauses can make or break a deal. Here’s what purchasers and vendors need to know about termination rights, major defects and the fine print hidden inside a Contract of Sale.

Governments can compulsorily acquire private land for public purposes in Victoria. Learn how the process works, what compensation you can claim, and why independent legal advice is essential. Expert guidance from Anton Dunhill, Hunt & Hunt Lawyers.

Affected by VNI West or another infrastructure project? Learn how compulsory acquisition works in Victoria and what compensation may be available.

A missing $1,500 gate turned into a $15.2 million payout. This case is a sharp warning for councils: when predictable behaviour meets overlooked design, liability follows.

When majority control crosses the line into unfairness, minority shareholders are not without recourse. This overview explains what oppression looks like and how the Court responds.

When a company cannot or will not act, directors and shareholders may step in. This case highlights when the Court will allow proceedings to be brought on the company’s behalf — and the risks that come with it.

When a damaging anonymous review crossed the line, legal action forced Google to reveal the identity behind the account—exposing a competitor posing as a customer.

Selling a business with a substantial vehicle fleet can add unexpected complexity to a transaction. This guide explains the legal and practical differences between an asset sale, share sale and SPV structure.