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Breach of duties as oppression – Our Jim & Felicja Superfund v Lindenfels
The case of Our Jim & Felicja Superfund Pty Ltd as trustee for the Jim & Felicja Superannuation Fund v Lindenfels Pte Ltd [2026] FCA 307 (Superfund v Lindenfels) is a reminder that shareholder oppression under section 232 of the Corporations Act 2001(Cth) (Corporations Act) must be established on its own terms, particularly where a…
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Coercive control and shareholder oppression
The Criminal Law (Coercive Control and Affirmative Consent) and Other Legislation Amendment Act 2024 (Qld) came into effect on 18 March 2024, by adding chapter 29A to the Criminal Code Act 1899 (Qld) (Criminal Code). This chapter establishes a separate offence of “coercive control’, which stems from domestic violence offences and involves the use of…
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Can a unit trust be wound up by the oppression remedies
The Corporations Act 2001 (Cth) (Corps Act) grants the Courts the power to award remedies under section 233, specifically designed to address situations of oppression within corporate entities under section 232. These remedies, also known as the “Oppression Remedies”, aim to resolve situations where a company’s conduct unfairly prejudices its members or shareholders. While primarily…
s232 Corporations Act 2001 (Cth)
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