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Resolve shareholder disputes with trusted Melbourne lawyers

Mediate, negotiate and litigate for resolutions

AANDI Lawyers’ veteran team offer comprehensive business legal counselling and shareholder dispute resolution services. We seek outcomes for our clients, be they shareholders or directors.

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Shareholder disputes

Dedicated lawyers. Versatile strategies. Proven success.

A shareholder dispute can bring your business to a grinding halt. Such disagreements can arise between shareholders, cadres of shareholders, or between shareholders and the directors they’ve elected to run their business. Whatever side of the equation you lie on, we will help you understand the legal facts behind your issues and lay out your options.

  • Proven results
    We’ve repeatedly successfully guided our clients to excellent outcomes, often without resorting to litigation.
  • Tailored advice
    Legal jargon and heightened emotions can muddle the path to the best and easiest outcome. We’ll guide you with straightforward and actionable advice.
  • Quick resolutions
    The sooner your shareholder dispute is resolved, the sooner you can all get back to business. We’ll discover the quickest path to justice.

Seek legal advice today

If you believe you may have grounds for a shareholders' dispute, we’re ready to get to work.

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Building and construction dispute services

Our straightforward process

Communication conversation
1

Book a consultation and bring us up to speed on the issue at hand. We’ll assign you a dedicated business dispute resolution lawyer.

Document
2

Your dedicated lawyer and their team will review the facts of your case, assess your shareholders’ agreement and detail your options.

Legal action
3

Once you’re confident in a course of action, we will pursue it till we reach an outcome.

Handshake
4

Once all parties are satisfied, we will help you ratify your new agreement to enshrine your rights, entitlements and obligations as a shareholder.

5

Our straightforward process

Communication conversation
1

Book a consultation and bring us up to speed on the issue at hand. We’ll assign you a dedicated business dispute resolution lawyer.

Document
2

Your dedicated lawyer and their team will review the facts of your case, assess your shareholders’ agreement and detail your options.

Legal action
3

Once you’re confident in a course of action, we will pursue it till we reach an outcome.

Handshake
4

Once all parties are satisfied, we will help you ratify your new agreement to enshrine your rights, entitlements and obligations as a shareholder.

Our straightforward process

Communication conversation
1

Book a consultation and bring us up to speed on the issue at hand. We’ll assign you a dedicated business dispute resolution lawyer.

Document
2

Your dedicated lawyer and their team will review the facts of your case, assess your shareholders’ agreement and detail your options.

Legal action
3

Once you’re confident in a course of action, we will pursue it till we reach an outcome.

Our shareholder disputes lawyers

With a nuanced understanding of Australian business law and how it affects a company’s affairs, our lawyers have the expertise necessary to tackle any challenge you proffer. 

Engage our lawyers the moment a shareholder dispute arises

We are your full-service shareholder dispute specialists

Our success is born out of our meticulous attention to detail. From the moment you engage us, we will scour every source of evidence and explore every avenue to discern the ideal solution for your case. Our services include, but certainly are not limited to:

  • Reviewing Constitutions and Shareholders’ Agreements for breaches of contract
  • Reviewing evidence (meeting minutes, critical documents) for violations of contract
  • Overseeing out-of-court shareholder dispute resolution services
  • Legally representing shareholder/s in legal proceedings against director/s
  • Legally representing director/s in legal proceedings against shareholder/s
  • Reviewing new agreements between shareholders

Our alternative dispute resolution services

Talk it out

Most shareholder agreements will have a dispute resolution clause recommending negotiation. We can represent you to avoid costly legal proceedings.

Get a third party involved

If the situation isn't amicable but neither party wants to prosecute, AANDI Lawyers can act as a third-party mediator to help shareholders resolve their disputes

Mediation for groups

By running a facilitation process, we can ensure you and all other parties feel adequately acknowledged and that they have participated in negotiating the outcome.

Hire a professional to help

Conciliation is an advanced negotiation tactic in which we provide legal advice to all involved parties as an impartial third party.

Let a third party decide

Should negotiations break down, an elected third party can make a final decision. We can act as arbitrators or represent you before an arbitration board.

Testimonials

Contact our commercial litigation lawyers

Litigation is often a time-sensitive matter.
Our lawyers are ready to go.

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Level 3, Building 5, 658 Church Street, Richmond, Victoria 3121

Monday – Friday
8:30am – 5pm

Flexible payment plans available

Dale Street Parking and Wilson Parking nearby

Frequently asked questions

What are Shareholder Agreements?

Shareholder Agreements are binding legal contracts that outline the responsibilities shareholders have to each other and the company. These contracts also outline procedures for dispute resolution.

We strongly recommend that any company with two or more shareholders contact a lawyer to draft a Shareholder Agreegment. When preparing such an agreement, you should take care to detail:

  • Company ownership
  • Company management
  • The obligations and entitlements of shareholders
  • Protections for the rights of shareholders
  • Entry/exit strategies for shareholders
What obligations do shareholders and directors have to each other?

The duties of a company’s directors and shareholders are unique to that company. The nuances of their roles will be clarified in their company’s Constitution. However, there are some general rules and obligations all directors and shareholders have in common.

Directors have a fiduciary duty to:

  • Exercise sound business judgment and carry out due diligence on company strategies
  • Act in the best interest of the company, its shareholders and employees
  • Appropriately use the company funds and proprietary resources available to them, and not abuse them in the name of self-interest
  • Avoid conflicts of interest with their other business dealings

Shareholders, generally speaking, do not have an automatic right to be involved in the day-to-day management of the business. They exercise their authority collectively using methods laid out by the Australian Corporations Act of 2001.

Shareholders have a duty to act in the company’s best interests and to avoid any business dealings that might harm the business or its reputation. The specifics of their duties will be laid out in the company’s Constitution and Shareholders’ Agreement.

What common shareholder disputes should I watch out for?

Most shareholder disputes arise from disagreements over the interpretation of the Shareholders’ Agreement. Usually, it is possible to negotiate a resolution. However, you and all shareholders and directors in your company should be wary of significant failures of duty, which can include:

  • Parties poaching clients
  • Parties intentionally offending or diverting existing or potential new business
  • Breaches of fiduciary duty
  • Abuse of company funds and resources

Latest resources

Page author

Leigh Nikolakis is a qualified commercial tenancy dispute lawyer with years of experience in this area of law.

About us
Leigh Nikolakis
Principal Lawyer

Leigh has decades of legal experience and has held the Director position at AANDI Lawyers for over 8 years.