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
- Where one shareholder is oppressing another shareholder
- Where a lender calls on a director’s guarantee
- Where a partnership is falling apart
- Where 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
Real Case Examples of Business Disputes/Resolutions
- A company dispute between directors, where administrators were appointed and the business was later sold.
- Attending company board meetings, to record and transcribe what is said in the meeting.
- 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.
- Holding board meetings at our offices.
- 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.
- A company director refused to return vehicles and other property owned by the company.
- 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.
- 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.
- A dispute between property developers involving several trusts and corporate trustees as well as substantial land assets.
- A dispute where company records, trust deeds etc. were incomplete or missing.
- 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.