Corporate Lawyers Brisbane

The commercial litigation lawyers at Gibbs Wright are well versed in both amicably resolving corporate disputes, through to resolving corporate disputes through the court process.

Typically, when shareholders are disputing, minority shareholder oppression action can be raised and considered as a way of bringing a dispute to a head. Whilst keeping shareholders and the company out of court is always ideal, ultimately, if a resolution cannot be reached between shareholders, or between the company and shareholders, a judge can intervene with significant powers to resolve the issues in dispute.

Directors have several duties to the company, as outlined in the Corporations Act 2001 (Cth), and shareholders also have several rights outlined in that same Act.

When allegations that a director has breached their director’s duties or fiduciary duty, the dispute can become a legal minefield. Whilst it is always preferable to achieve a desired outcome without the need for court proceedings, shareholders and directors alike should have strong legal representation to protect their interests.

The commercial litigation team at Gibbs Wright have acted for and against directors, including very large privately held family companies in dispute, through to smaller companies and partnerships with revenues under a few million dollars.

We start by reviewing the partnership agreement (if any) and attempt mediation or negotiation. If resolution is elusive, we’ll guide you through partnership dissolution or other legal options.

We assess the terms of your investment agreements, negotiate when possible, and seek to protect your financial interests. Litigation may be an option if negotiations fail.

We’ll review the joint venture agreement and explore dispute resolution mechanisms within it. If necessary, we can help facilitate an orderly exit or resolve issues through negotiation or litigation.

We can advise on legal mechanisms to safeguard minority shareholders, such as voting agreements, shareholder agreements, and potential remedies under the Corporations Act 2001 (Cth). Our goal is to ensure equitable treatment and protection of rights of minority shareholders.

We’ll assess the specific actions of the director in question. Breaches can include conflicts of interest, self-dealing, or failure to act in the company’s best interests. We will provide guidance based on the circumstances and explore your options.

Yes, partnership dissolution is an option, but it should follow the terms outlined in your partnership agreement or relevant laws. We’ll guide you through the process and ensure compliance with legal requirements.

We’ll assess the exit provisions in your joint venture agreement and work to find a mutually acceptable solution. This may involve a buyout, sale of assets, or transfer of ownership as per the agreement’s terms.