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Business Disputes

Kingsford Lawyers assists and advises in an array of commercial and corporate matters.

Business Disputes & Commercial Litigation Lawyers

Business disputes can arise over the course of the business between directors, shareholders, and business partners and often relate to disputes over contributions/efforts, diverse opinions regarding the business operation, management, or regarding lack of clarification on what each person is responsible for in the business.

These types of disputes generally escalate quickly, so prompt legal advice and assistance should be sought just as quickly to attempt to minimise the need for litigation. Disputes can often be resolved without the need to escalate the matter further and we take careful time and consideration in exploring each parties’ interests in the dispute and assist our clients in achieving the best possible outcome to save you time and money.

Time should be taken to consider various agreements including:

By having these types of agreements in place, the agreements will set out the terms, rights and obligations of the parties under the agreements. We can provide advice to clearly identify key issues as mentioned above but such as providing further clarification to roles, identifying any underperformance to the agreement by either party or dissecting issues where differing opinions are impacting the dispute.

The involved parties can often find it hard to communicate with each other and that is why legal advice and mediation in the early stages are important and can build the pathway for how the dispute is negotiated and/overall outcome is resolved. 

By acting early, you will minimise the disruption of business operations and trading or allow business partners to dissolve the agreement appropriately and move on.

Directors have a responsibility under the Corporations Act 2001, common law and the company’s constitution, and it is important directors understand these responsibilities that they hold to shareholders, as shareholders have grounds to seek redress if they feel they are being treated impartially or the director is in breach of the shareholder’s agreement.

Following this, the director holds further responsibilities if the company is trading insolvent or potential for insolvency and the director’s duties will also branch out to creditors. To find out more, visit our information on director responsibility.

It is important that as a director of a company, you seek urgent legal advice to ensure you are well informed of your duties and obligations.

Having in house Counsel available with over 40 years experience in litigation, Kingsford Lawyers is very well equipped to assist you in your litigation matters however small or large the matter may be

Business Litigation Lawyers at Your Service

Kingsford Lawyers receive a high volume of inquiries relating to Shareholder Agreement Disputes, and we often find the current shareholder’s agreements that our clients have in place are lacking the required and sufficient clauses to correctly outline the terms, rights and obligations of each party.

You should always have a shareholders agreement drafted by an experienced lawyer who understands these key issues, and although it’s near impossible to predict all issues, having a thorough shareholders agreement to include these important clauses and issues such as, ‘buy out’ or ‘sale’ options, agreed financial contributions, and what happens to intellectual property or if a partner was to pass away, and the process for dispute resolution which will, in turn, save all parties a lot of energy, money and time spent on legal proceedings.

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To speak with a lawyer from Kingsford about your case, call us on 1300 244 342 for a confidential, obligation-free chat.

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