Business Disputes
Explore our recent articles and legal insights.
13 Sep 2020
Commercial Risk Management: Dodging Disputes
Every commercial activity carries with it some risk of dispute. Sometimes, that risk is so slight as to be...
28 Jun 2020
Dealing With Disputes: Some Helpful Hints
Disputes are commonplace in the business world. Whether between suppliers, clients, customers, or competitors, most...
15 Jun 2019
Corporate Criminal Liability: Criminality and the Divide Between Individuals and Companies
Introduction It has long been recognised in Australia that companies may be held liable for the crimes they commit...
01 Jun 2019
What is Champerty and Maintenance?
Introduction Champerty and maintenance is an unusual term; it doesn’t receive much attention, for the most part. Of...
22 May 2019
The Tort of Intimidation: When is it a Crime and When is it a Tort?
Introduction The idea of intimidation in a business context is concerning to any business owner. It’s not common, but...
01 May 2019
When Does Defamation Affect your Business and What Can you do About it?
Introduction Of the economic torts, defamation is emerging as one that we see more frequently than others. It is also...
03 Apr 2019
Deliberate and Direct Interference: The Tumultuous Tort of Inducing Breach of Contract
Introduction A contractual relationship is not often considered within the scope of torts law. In fact, it is a...
05 Mar 2019
Economic Torts: Limits on the Conduct of Business
Introduction The world of business is inherently competitive. Often, business owners can feel as though they’re on...
07 Jan 2019
What is a Guarantor?
Introduction In any commercial agreement or transaction, financial security is key. All parties to an agreement want...
14 Dec 2018
How to Protect your Personal Assets as a Business Owner
Introduction As a business owner, you put a lot into your work. Time, effort, and money are the main foundations of a...
05 Nov 2016
Shareholders Disputes Series (Part 10 of 10) – Bad management of the company
Is this happening to you? Majority, you’re not running the company the way it should be – it’s just bad management!...
03 Oct 2016
Shareholders Disputes Series (Part 9 of 10) – No market for their shares
Is this happening to you? Majority, I can’t sell my shares. You won’t buy them at a reasonable price and I can’t sell them anywhere else...
08 Sep 2016
Unitholders Agreements Stand Up
Trading trusts, typically unit trusts, are regularly used to structure multiple owners’ entitlements in businesses. The business owners...
01 Sep 2016
Shareholder Disputes Series (Part 8 of 10) – No freedom to transfer shares
Is this happening to you? Majority, I want to go out but I’m stuck. I can’t transfer my shares!...
01 Aug 2016
Shareholders Disputes Series (Part 7 of 10) - Inability to prevent dilution of their shares
Is this happening to you?Majority, you’re issuing shares that I can’t afford to buy so that my interest and rights in the company are reduce
11 Jul 2016
Shareholder Disputes Series (Part 6 of 10) - Limited access to information about the company’s affairs
Is this happening to you? Majority, you’re not giving me any information on the financials or affairs of the company. I’m in the dark!...
26 Jun 2016
Shareholder Disputes Series (Part 5 of 10): Exclusion from management / No Involvement in important decision making
Is this happening to you? Majority, you not allowing me to be a director or be employed by the company as expected. You’re not running any..
24 Jun 2016
Shareholders Disputes Series (Part 4 of 10): The majority are diverting corporate opportunity / are operating a competing business
Is this happening to you? Majority, you came across that business opportunity in your position with the company. It’s the company’s, not...
06 Jun 2016
Shareholder Disputes Series (Part 3 of 10): Little or no participation in profits
Is this happening to you? Majority, the company is profitable and we’ve got more money in reserve. You should be paying me a dividend but...
10 May 2016
Shareholder Disputes Series (Part 2 of 10): The majority are paying themselves excessive remuneration
Is this happening to you? “Majority, you’re paying yourselves excessive salaries and fees and it’s affecting what I can be paid and my div..
05 Apr 2016
Shareholder Disputes Series (Part 1 of 10) - Common Shareholder Problems
Proprietary companies are often controlled by a single shareholder or a group. The majority’s nominated directors will control the board...
01 Apr 2016
Partnership Dissolutions - What Happens?
When business people enter into open ended partnerships, which is most common, then generally any partner can dissolve the partnership by...
01 Mar 2016
Director Duties: The Basics
What are the key duties of a director of a company? As a director of a company, you will be asked to make many decisions in relation to the
12 Nov 2013
Business Disputes
BUSINESS DISPUTES Disputes are an unwanted and sometimes unavoidable consequence of doing business.
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