Shareholder Disputes

Our Services

Shareholders’ Agreements

Prevention is the best cure. Signing a Shareholders’ Agreement often prevents shareholders’ disputes from breaking out. Click here  for more information on our shareholders’ agreement services.

Representation at ADR Proceedings

Where there is a shareholders’ agreement, the agreement will usually specify how parties are to resolve their disputes. Shareholder agreements often favor out-of-court dispute resolution over litigation, as they tend to be cheaper, faster, confidential and ensure business continuity.

The alternative dispute resolution (ADR) methods most commonly employed in shareholders’ disputes are negotiation, mediation and arbitration. A shareholders’ agreement may require that parties attempt to resolve their disputes through one or all of these methods, starting with negotiation, progressing to mediation and finally, arbitration, if the dispute is not resolved at the first two stages.

Whatever the case, we will represent you at all ADR proceedings in connection with the dispute. This will involve:

➝ Issuing any notices required to commence proceedings 
➝ Assisting with the process of selecting a mediator or arbitrator
➝ Preparing any documents required at the proceedings
➝ Gathering and presenting evidence on your behalf

Prosecuting Applications for Injunctions and other Reliefs

Depending on the circumstances of the case, it may be necessary to apply to the court for urgent orders to protect the company or the rights of shareholders (e.g., a mareva injunction may be needed to restrain directors from dissipating a company’s assets).

Where it is necessary to make such an application, we will assist you with:

➝ Preparing the application
➝ Evidence gathering
➝ Representing you at all hearings held by the court in connection with the application
➝ Enforcing the court’s judgment

Civil Litigation

The disputing parties may end up in court, either because the shareholders’ agreement does not restrict the parties from going to court, or because the Corporations Act permits litigation in those circumstances.

Whether you are the plaintiff or the defendant, we can provide you with representation in shareholders’ dispute litigation. This involves:

➝ Preparing your claim or defence (as the case may be)
➝ Filing all documents required to be filed in court
➝ Prosecuting interlocutory applications as needed
➝ Legal representation at court hearings