Partnerships, Corporations & Trusts

 
If a dispute arises between a business and its owners, the fallout can be devastating to both the individuals involved and the organisation they represent. So too disputes between trustees or beneficiaries which can cause long-term damage to the relationships of all concerned and add to the overall cost of a trust’s administration.

Our Litigation and dispute resolution team is recognised for its ability to quickly identify the issues involved in these disputes and understand the rights and duties of those involved.

While an amicable solution may not be possible, we will work with you to minimise the disruption and personal costs of a protracted legal dispute and encourage an early and effective resolution.

We advise on all aspects of partnership, corporation and trust disputes, including issues concerning ownership and management, shareholder rights, participation and communication, remuneration, entitlements and compensation, conflicts of interest, takeovers, buy-outs and dissolutions, Trade Practices Act claims, and trust administration and management.

Experience

  • Successfully representing a company shareholder claiming to be owed a substantial sum by the company. When extensive negotiations with the company’s controlling (overseas) shareholder and its lawyers to recover the debt and sell the shares were unsuccessful, winding-up proceedings were instituted, leading to the appointment of a liquidator and our client being paid out most of his debt and his shares acquired.

Key contact

Graydon Dowd is a leading commercial and litigation dispute resolution partner, providing expertise in litigation and mediation.

Related thinking

Litigation & Dispute Resolution| 15 Feb 2024

Navigating share transfers in a deed of company arrangement: crucial insights for administrators

We explore pivotal findings from a recent case, offering essential guidance for navigating the complexities of share transfers in company arrangement.

Litigation & Dispute Resolution| 09 Feb 2024

Trusts: to vary or not to vary

We outline the key issues if you’re considering varying or amending a trust deed, and provide some practical examples.

Litigation & Dispute Resolution| 25 Jan 2024

The Pickering Family Trusts: no variation power… no options?

We examine the recent landmark decision in Re The Pickering Family Trusts, which highlights alternatives for trusts lacking variation powers, showcasing the court's use of Trustee Act powers.

Litigation & Dispute Resolution| 21 Dec 2023

Internal dispute resolution reporting reminder – are you obliged to report from 1 January 2024?

In this article, we cover ‘in-scope’ criteria and outline the reporting requirements particularly for the estimated 8,600 financial firms who will have to report for the first time from 1 January 2024.