Situations we can help you with
Going into business with someone can be like entering into a marriage, except it may be more difficult to dissolve a business relationship. Whether you use a company, a trust, or a partnership, when conflict occurs it is imperative that you receive proper advice to protect your interests. Some of the issues we can assist with are where:
- the directors of a company disagree,
- one shareholder is oppressing another shareholder,
- a lender calls on a director’s guarantee,
- a partnership is falling apart, and
- a trustee is in dispute with another trustee or a beneficiary.
Potential solutions we can implement to protect your interests
- Advice – so you can make fully-informed, prudent decisions.
- Negotiation – representing you in discussions and correspondence with disputing parties.
- Mediation – formal conferencing to resolve disputes without litigation.
- Putting an agreement in writing – to hold other parties accountable for what they agree to do.
- Devising a strategy – to achieve your objectives, taking into account your unique situation.
- Sending a letter of demand – to “draw a line in the sand”.
- Obtaining (or resisting) an injunction – e.g. to freeze assets.
- Building pressure on other parties – e.g. to ensure compliance with the terms of an agreement or to add leverage to your position.
- Litigation – commencing or defending action in all courts and tribunals.
- Engaging other professionals (e.g. administrators, receivers, liquidators, accountants, valuers) – to assist in obtaining the desired result.
Our Commercial Litigation Team is experienced in dealing with all types of business disputes.
Business Disputes Team
Russell Leneham - Director
Real case examples of business disputes/resolutions
- Company Dispute - A company dispute between directors, where administrators were appointed and the business was later sold.
- Director Dispute - Attending company board meetings, to record and transcribe what is said in the meeting.
- Company Dispute - A client thought she was an equal participant in a business, until she discovered that she was not mentioned at all in the company records. The company director refused to make a payment to her. A liquidator was appointed and the business was sold, resulting in payment to the client.
- Business Dispute - Holding board meetings at our offices.
- Shareholder Dispute - A dispute between shareholders where one of the shareholders had advised the Australian Securities and Investments Commission ("ASIC") that the shares of another shareholder should be transferred because “he owes me money” and without proper authorisation.
- Director Dispute - A company director refused to return vehicles and other property owned by the company.
- Shareholder Dispute - A company director and shareholder did not want to continue in the business, but no payment was offered and it was suggested that she simply resign and transfer her shares without receiving anything in return – until court proceedings were commenced.
- Partnership Dispute - During a dispute, a business was sold. An urgent Supreme Court injunction was obtained on the day that settlement was due to occur, preventing the sale proceeds from being spirited away.
- Trustee Dispute - A dispute between property developers involving several trusts and corporate trustees as well as substantial land assets.
- Company Dispute - A dispute where company records, trust deeds etc. were incomplete or missing.
- Company Dispute - A situation where a client was uncertain about the business structures, so investigations were required to ascertain the client’s rights, and a suitable strategy was developed.
- Guarantor Dispute – A dispute between a client and a major financial institution occurred when a loan was guaranteed on the basis of certain facts. These facts were found to be misleading and deceptive when the loan defaulted and the bank pursued our client for monies.
- Partnership Dispute – One partner died. The surviving partners continued carrying on the partnership business without paying the deceased partner’s estate for his share of the partnership.
Business contract disputes
A business contract is a legally binding agreement between two or more parties. Business contracts can be either written or verbal, or both.
Business contract disputes are a complex issue for any business owner, director or manager to encounter. Whether your contract dispute involves differing views on contract terms or is the result of an alleged breach of contract, our expert commercial litigation lawyers have the expertise required to work closely with you and your business to resolve the dispute, while securing the best achievable outcome.
Why choose us?
You will be talking to a real expert, local to you. You will not be treated like a number, but as a real person, and a person going through a difficult and stressful experience. Get expert advice, not just what you want to hear, in a language you can understand, not legal jargon.
Q&S’s expert business dispute lawyers are available at any of Q&S’s seven office locations.
Get in touch!
Submit an online enquiry below or speak to an expert lawyer on 1800 999 529.