Partnership Disputes

A partnership involves two or more people going into business together for the purpose of making profit. Usually, partnerships are formed between friends or family on the basis of their relationship and mutual trust in each other. From time to time, however, a dispute might arise between the partners, notwithstanding their existing relationship.

 

If you have a dispute with your partner, you should urgently seek legal advice on how the dispute can be resolved, to prevent further disruption to your business and your life.  Our partnership dispute resolution lawyers can help you resolve the dispute and get your business and life back on the right track.

Our Services


Alternative Dispute Resolution

This is often the best option because ADR techniques are generally not adversarial and provide the opportunity to discuss and resolve all legal and non-legal issues underlying the dispute. ADR is cheaper, faster, and presents a much higher chance of preserving the relationship between the partners and is less disruptive to the business.

Partnership disputes are typically resolved through either negotiation, mediation or arbitration.

▶︎ Negotiation – in negotiation, the parties, with or without their lawyers, meet to attempt to resolve the dispute by themselves, without the intervention or assistance of an impartial third party.

▶︎ Mediation – mediation is similar to negotiation. However, in mediation, an independent third party called a mediator guides the parties towards resolution of the dispute. The mediator does not impose a decision on the parties, but only facilitates their negotiations.

▶︎ Arbitration – in arbitration, the dispute is decided by either a single arbitrator or a panel of arbitrators. Arbitration proceedings are more formal than negotiation and mediation, and the decision of the arbitrator(s) is binding on the parties.

▶︎ Legal Action – Where we see that it is best to take legal action, we will prosecute or defend your position before the courts. We only litigate as a last resort or when ADR will not be appropriate.

We provide assistance at every stage of the dispute resolution process. Contact us for an initial free consultation on your partnership dispute. Our services include:

➝ Reviewing the partnership agreement and advising you of your rights and the available remedies under the contract
➝ Providing recommendations on the best strategy for resolving the dispute
➝ Preparing and issuing or responding to any notices required to commence dispute resolution proceedings
➝ Where the dispute is to be resolved through litigation, preparing any documents to be filed at the court
➝ Prosecuting interlocutory applications as needed
➝ Legal representation in court hearings
➝ Enforcement of judgment
➝ Appeals

 

Call our NATIONAL LEGAL HOTLINE

  1300 2 LEGAL

Open 7am to Midnight, 7 days a week

 

Some common causes of partnership disputes are:

A breakdown of the relationship between the partners

A partner misappropriating the partnership’s assets

A partner not pulling their weight in the business

A partner allowing his interests to conflict with those of the partnership

A partner making secret profits

Disagreements over distribution of profits

A partner wishes to leave the partnership

Breach of non-compete and non-solicitation obligations

Why choose us?


We have over 40 Years experience in helping clients resolve all kinds of business disputes, arising from various kinds of contracts, including partnership agreements. We are experts in all aspects of the dispute resolution process, from issuing notices and negotiating out-of-court settlements, to litigation, enforcement of judgment and appeal.

We are practical and efficient.  Our services are competitively priced, and we offer an initial free consultation to discuss the merits of your case and help you better understand your position. Depending on your preference, we offer fixed fee and hourly billing options.

 

Our Approach


In every matter that we take on, our first step is to understand your business and the facts of your case, to enable us to tailor our advice to your specific situation. We will then advise you on your options, recommend the most commercially viable strategy for your case, and inform you of the next steps. We take action swiftly, keeping you updated at every stage of the process.

We adopt a multi-disciplinary approach to providing our services, by drawing on expertise from our various practice groups, as needed.

We are meticulous and have put in place the necessary internal processes to ensure that our services are of the highest standards.