Business and Company Commercial Disputes

If you are having a business or company dispute or you think one may arise it will be vital to take advice from a Perth Lawyer experienced in handling commercial disputes.  We have advised clients for 25 years on the best methods of commercial dispute resolution, conciliation, mediation, arbitration or court proceedings. 

Disputes often occur over the terms of contracts and debt /capital disputes between Partners, Directors and Shareholders but you could also be having internal business disputes over how your business is being run, or disputes over financial returns and capital contributions.

We can act for parties in commercial and civil litigation on the basis of a fixed, affordable, fee paid monthly as opposed to charging an hourly rate.  If we are engaged on that basis you can pay a set fee, often at a discounted rate, in return for us remaining on the record as acting for you in the action for a fixed period.  During that fixed period we will represent you and deal with whatever matters arise in the litigation during that time, including all court appearances and drafting of all court documents.

Our lawyers and law clerks work closely with our selected commercial barristers and work that can be done at lower hourly rates is always done at those rates.

Our rates and fixed prices are lower than the prices charged by many Perth Commercial law firms because we own our offices so we don't pay the exorbitant St George's Tce rent that many commercial law firms do.  

Further information can be found here regarding our fixed fees.

We can provide you with advice on:

  • Shareholders and directors
  • Disputes between companies
  • Disputes between directors and shareholders
  • Breach of director's duties
  • Withholding of dividends
  • Fraud
  • Failure to provide financial, accounting and statutory information
  • Breaches of shareholder agreements
  • Exclusion from meetings for example shareholder meetings and general meetings
  • Corporate and individual clients seeking access to books and records of the company;
  • Seeking remedies against oppressive conduct pursuant to section 233 of the Corporations Act 2001 (Cth);
  • Seeking remedies available against directors breaching their duties to the company and shareholders pursuant to the requirements of the Corporations Act 2001 (Cth);
  • Seeking urgent interlocutory and final injunctions to prevent damage to the company;
  • The appointment of an administrator or receiver to the company;
  • If a dispute cannot be resolved, providing advice and representing clients in seeking a winding up of the company, including on the basis of:
    • Oppressive conduct pursuant to section 461(1)(f) of the Corporations Act 2001 (Cth); or
    • Just and equitable terms pursuant to section 461(k) of the Corporations Act 2001 (Cth); and
  • Providing advice and representing clients in defence of proceedings commenced against the client or the company.

Partnerships

  • Partnership issues and disputes
  • Alternative methods of dispute resolution
  • Dissolution of partnerships
  • Division of assets

Disputes between business owners

  • Over use of business names
  • Disputes over clients
  • Family trust disputes

Disputes over Trusts

Business Trust Disputes

  • If you are a trustee or a beneficiary under a trust with a legal issue you need advice and guidance from a Perth Lawyer experienced in all the methods of achieving the best resolution of those issues.  Often family members are involved.

 Misuse of Business Property

  • Claims against employees and shareholders for misusing business property, trade secrets, client lists, tender information and systems.

 

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