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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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Cancellation of shares held to be oppressive
Shareholder oppression occurs when those who control a company use their power in a way that unfairly harms or takes advantage of other (usually minority) shareholders. The Federal Court case of Sharif v Vitruvian Investments PL (No 3) [2023] FCA 920 (Vitruvian Investments) involved a shareholder oppression dispute between Mr Walid Sharif (Mr Sharif/Plaintiff) and…
Threatened oppressive conduct
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