Director, shareholder and partnership disputes

It is inevitable that as businesses change, conflict arises between the proprietors of the business.

Unfortunately it is often the case that conflict disputes arise, at which time the rights of shareholders and stakeholders are often ignored and at times overborne.

The Corporations Act imposes obligations on directors to act honestly in the exercise of their duties and on shareholders, particularly the majority of shareholders to not oppress or act unfairly prejudicial to the minority.

In times of stress, often these rights are ignored resulting in disputes over the future operation and direction of the company and damaging the future viability of the company.

Our commercial recovery and restructuring team is able to provide you with advice and work with you to minimise those risks and disputes. In the worst case scenario, that is, the matter proceeding to court, our team of specialists is more than experienced in representing clients in all types of corporate disputes.

Having acted in many such cases, they are able to work out with you the various options you have, best suited to the outcome you seek, with options ranging from a negotiated buy-out of a party to reconstruction and separation of the interests of stakeholders.

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Partner        Warren Jiear