Shareholder, Director and Board Disputes

Most shareholder, director and shareholder disputes are concerned with the wrestle for control of the company and often arise when directors are perceived as not acting in the interests of the company or its shareholders.

The best strategy to resolve a dispute and achieve your desired outcome will depend on the circumstances and the documents that govern the company and the relationships between the parties. The most common options available are:

• offering to buy out a party or controlling stage;
• attending a mediation;
• obtaining the books of the company under sections 198F and 247A of the Corporations Act 2001 (Cth) (Corps Act);
• appointing an auditor;
• winding up the company on just and equitable grounds under section 461 of the Corps Act; and
• making an oppression application under section 233 of the Corps Act.