office@leolawyers.com.au

02 8201 0051

Shareholder Dispute Lawyers Sydney

Name: Leo Lawyers
Brand: Leo Lawyers
Rating: 5 (330 reviews)

Shareholder disputes can paralyse a business and damage commercial relationships that took years to build. Clear legal advice from the outset gives you the best chance of a fast, cost-effective resolution.

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Shareholder Disputes Sydney — Protecting Your Rights in the Business

Shareholder disputes rarely start in court. They start with a breakdown in trust, a disagreement about the company’s direction, or one party acting in a way others believe is unfair. Left unaddressed, these situations escalate fast and can bring a business to a standstill.

At Leo Lawyers, we advise directors, majority shareholders, and minority shareholders on their rights under the Corporations Act 2001 (Cth) and any shareholders agreement in place. We resolve disputes through negotiation and mediation where possible, and litigate in the Supreme Court of NSW when necessary. Our shareholder dispute services cover:

Breach of director’s duties and fiduciary obligation claims
Minority shareholder oppression claims under Section 232 of the Corporations Act
Shareholder buy-out negotiations and forced acquisition applications
Shareholder deadlocks and business management disputes
Winding up applications on just and equitable grounds
Freezing orders and injunctions to protect company assets
Derivative actions and mediation through to Supreme Court litigation

Shareholder Dispute Lawyer Sydney

Meet Damin Murdock

Over 18 Years of Experience in Commercial Litigation and Business Disputes

Damin Murdock has advised shareholders and directors across a wide range of business structures, from small private companies to multi-stakeholder commercial enterprises under the Corporations Act 2001 (Cth). He has represented minority shareholders facing oppressive conduct, majority shareholders defending unfounded claims and directors navigating disputes that threatened the ongoing business.

Damin understands that shareholder disputes are as much about the commercial relationship as the law. His goal is a resolution that protects your financial interest and, where possible, the business itself.

“Help you stay ahead with innovative, practical and commercial advice.”

18+ Years of Trusted Legal Excellence

Our Shareholder Dispute Services

1. Breach of Director's Duties

Directors in Australian companies owe statutory duties under the Corporations Act 2001 (Cth), including the duty to act in good faith, avoid conflicts of interest and not use their position improperly. When a director breaches these duties to benefit themselves at the expense of shareholders, the affected parties have legal remedies. We advise on both pursuing and defending breach of director’s duties claims.

2. Shareholder Oppression Claims

Minority shareholders have legal protections under the Corporations Act. We act in disputes involving unfair conduct, exclusion from management, and shareholder prejudice. Key matters:

3. Shareholder Agreement Disputes

Disputes over shareholder agreements frequently arise around voting rights, dividend policy, share transfer restrictions and exit mechanisms. We advise on the interpretation and enforcement of shareholder agreement terms and represent clients where one party is not meeting their obligations.

4. Winding Up and Buy-Out Applications

Where the relationship has broken down irreparably, two remedies commonly arise: winding up on just and equitable grounds under Section 461 of the Corporations Act or a buy-out order requiring one party to acquire the other’s shares at fair value. We advise on the right option and represent clients through the Court process.

5. Freezing Orders and Injunctions

Where a director or shareholder is dissipating company assets to avoid a claim, urgent relief may be required. We apply for freezing orders, also known as Mareva injunctions and other interlocutory relief in the NSW Supreme Court to preserve the position until a full hearing.

6. Mediation and Commercial Resolution

Most shareholder agreements contain a dispute resolution clause requiring mediation before litigation. Even without one, mediation is often the most efficient path. We represent clients before experienced commercial mediators and negotiate outcomes that protect your financial interests without unnecessary cost.

Facing a shareholder dispute in Sydney?

Get practical advice on your rights, options, and next steps before the dispute causes further damage to the business.

Common Types of Shareholder Disputes

Shareholder disputes in Australian private companies tend to fall into recognisable patterns. The underlying cause is often a combination of a breakdown in the personal relationship between shareholders and an absence of a properly drafted shareholder agreements to govern how the dispute should be handled. Common disputes include:

Personal Actions

A shareholder can bring a personal action in their own capacity to enforce a right that belongs to them as an individual shareholder. Common personal actions include:

Breach of fiduciary duty where a director relationship can be established
Improper allotment of shares to dilute a shareholder’s holding
Conduct that oppresses or unfairly prejudices a minority shareholder
Failure to pay agreed dividends or distributions
Exclusion from management contrary to established arrangements
Failure to provide access to the books and records of the company
Director misappropriation and unlawful remuneration
Director acting in conflict of interest

Derivative Actions

A derivative action is what happens when the board won’t do what it should. If the company has suffered loss through the conduct of directors or others, and the people running the company refuse to pursue it, a shareholder can bring proceedings on the company’s behalf instead. Section 237 of the Corporations Act 2001 (Cth) governs the process. Court leave is required before the action can proceed. That threshold exists for a reason; it filters out claims that aren’t genuinely in the company’s interest.

Expertise Across Key Industries

Shareholder conflicts can paralyse any business, but different sectors operate under unique corporate structures, regulatory pressures, and valuation metrics. We manage high-stakes board deadlocks and equity disputes across a broad spectrum of commercial industries.

Whatever your business dispute, we have got your back.

Construction Law

Business Disputes

Debt Recovery

Commercial Law

Capital Raising

Startup and Business Law

Who We Work With

Our shareholder dispute lawyers in Sydney act for majority and minority shareholders and directors caught in disputes that touch on their duties to the company. We act across a range of industries, from technology startups and professional services firms to family businesses and property developers. Whatever your position, we give you an honest assessment from the first conversation.

Minority shareholders
Majority shareholders and directors
Co-founders and business partners
Family offices
Investors and silent partners
Company boards & management

Need a shareholder dispute lawyer in Sydney?

Book a consultation with Damin Murdock today.

Leo Lawyers is built on the foundation of delivering legal excellence and outcomes, hence the name LEO.

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office@leolawyers.com.au

02 8201 0051

Level 15, Grosvenor Place, 225 George Street, Sydney NSW 2000

Level 23, Tower 5, Collins Square, 727 Collins Street, Melbourne VIC 3008