Our team includes 3 Accredited Specialists in Commercial Litigation, making us one of the most recognised Commercial Litigation team in New South Wales. We have more Accredited Specialists in Commercial Litigation than 99% of all Law Firms in NSW.
Our Tony Peterson has a sub speciality in Corporate Litigation, whilst Sam Roberts has a sub specialty in Building and Construction and Jack Lindgrens’ practice is focused on general Commercial Litigation and Professional Negligence.
We service clients across Newcastle, Sydney, Central Coast & Hunter regions.
Problems arising from disputes between companies, directors and shareholders can have a significant impact on a company’s profitability and share value, particularly if Court proceedings ensue. When problems arise, early advice and intervention is critical to reduce the impact on share value and solvency. The right legal team can help you put the pieces together to understand your legal rights and options for resolving problems.
Our experienced Corporate Litigation team includes 3 Accredited Specialists in Commercial Litigation and is headed by Tony Peterson, who obtained his Specialist Accreditation in Corporations Law.
Company Directors owe duties and responsibilities to the company and its shareholders under the Corporations Act 2001, the common law and any Shareholders Agreement or Executive Employment Contract. These Directors Duties include the:
These duties are owed by Directors and Company Secretaries and in some circumstances executives and other people who control the way a company operates (also known as shadow directors or de facto directors) . Significantly, a person involved in a contravention of duty arising under the Corporations Act may by liable for loss or damage flowing from the breach along with the Director.
An action for breach of a Directors’ Duty may be brought by the company (including a liquidator), by a shareholder (with leave of the Court) or by ASIC.
A Director may also be liable to a Company in Liquidation where the Director has been a party to an insolvent transaction, especially an unreasonable director-related transaction.
The remedies that may be available to a Shareholder aggrieved by action taken by a Director or group of Directors on behalf of a company include:
A Shareholder may apply to the Court for a range of statutory remedies where the conduct of a company’s affairs or an actual or proposed act or omission or the company, or resolution of members, is:
Where Shareholder Oppression is established the Court has a broad range of remedies available including orders that:
Our team assists companies, directors, shareholders, liquidators and creditors to understand, pursue and defend a range of issues and actions relating to corporations laws including:
Our Commercial Litigation team is one of the most recognised teams in New South Wales and has more Accredited Specialists than 99% of our competitors.
If you have a company dispute and need an answer, we can help you find a solution.
