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 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:
Over 18 Years of Experience in Commercial Litigation and Business Disputes
Get practical advice on your rights, options, and next steps before the dispute causes further damage to the business.
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:
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:
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.
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.
Book a consultation with Damin Murdock today.
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