Litigation & Disputes

Shareholder oppression – Victorian Supreme Court adopts pilot program to resolve oppression claims

On 1 October 2014 (Commencement), the Victorian Supreme Court commenced a pilot program to deal with applications under section 232 of the Corporations Act 2001 (Cth) (Act).  Practice Note No. 5 of 2014 (Practice Note) describes the new process for dealing with applications to Court seeking relief under section 233 of the Act.  The Practice Note states that the Court will operate a six (6) month pilot program (Program) to deal with oppression actions, for the stated aim of “just, efficient, timely and cost-effective resolution of the real issues in dispute”.

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Without Prejudice privilege

The term “Without Prejudice” is often added to correspondence sent in a commercial setting without considering whether “privilege” actually attaches.  It’s possible that correspondence clearly marked as being “Without Prejudice” is actually admissable as evidence and alternatively that documents that omit the statement are actually subject to privilege because they are in the course of negotiating a settlement. [Read more…]

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