We understand that disputes involving trusts and relationship breakdowns between business owners are highly stressful for our clients. They have the potential to disrupt profitable businesses and harm relationships between family members.
Accordingly, our team takes a proactive approach to providing clients with high-quality, timely advice in relation to these disputes. We pride ourselves on communicating clearly and empathetically, with a view to demystifying the dispute process during this stressful time.
We are unashamedly commercial in our approach to disputes. Where the prospects of a settlement exist, we can readily deploy our resources to negotiate an effective resolution to a dispute, including by means of a demerger, transfer or settlement deed. When required, we also use the expertise of our Taxation practice group to ensure the resolution is tax-effective.
However, disputes can’t always be resolved by negotiation. While a dispute is unresolved, we are determined advocates for our client’s interests.
We can assist with shareholder disputes, corporate governance disputes, joint venture and partnership disputes, contested Wills, allegations of breach of trust, requests for information by beneficiaries and applications to remove trustees, and constructive and resulting trust claims.
- Acting for a trustee of structurally complex and substantial testamentary trusts in seven related Supreme Court proceedings.
- Acting for numerous executors of estates in defending challenges made to substantial estates, including claims made for further provision under a Will and challenges to Wills arising from claims of incapacity and undue influence.
- Acting for beneficiaries of substantial testamentary trusts seeking amendment to a Will in order to obtain financial independence and control.
- Acting for a prominent Australian business identity in relation to numerous disputes and litigation pertaining to control of a family business empire.
- Acting for a partner in relation to a complex partnership dispute involving eight residential and commercial developments, two Supreme Court proceedings, allegations of fraud and false accounting, and an application to appoint a receiver.
- Acting for substantial private farm and business owners in relation to constructive trust claims made by family members.