Aitken Whyte Lawyers have experience in acting for shareholders and directors of companies involved in shareholder disputes and director disputes.
The Corporations Act 2001 (Cth) is the primary piece of legislation when considering the rights and obligations of shareholders and directors. The Corporations Act Cth is long and technical so it is best to obtain professional legal advice if you find yourself in a shareholder dispute or a director dispute.
We have found that the earlier you obtain advice on your company disputes, the better position you will put yourself in.
Our commercial litigation and disputes resolution team recently acted for a 33% shareholder in a company limited by shares. There was only 1 other shareholder in the company.
Our client engaged us as she was being excluded from the conduct and the affairs of the company. She was not being allowed access to the books and records of the company.
Shareholders in a company have the right to apply to Court for an Order to inspect the books and records of the company. Further, members of a company in such circumstances may apply to Court to wind up a company on just and equitable or oppression grounds.
The Corporations Act 2001 (Cth) details the rights and obligations of members of companies and the companies themselves. There are many Court cases discussing how those sections are dealt with by the Court when a member of a company applies for access to books and records or to wind up a company.
After providing our client with some advice, and seeking access to the books and records of the company on behalf of our client in written correspondence, the company continued to refuse to allow our client access to its documents.
With our assistance, our client applied to the Supreme Court of Queensland under the Corporations Act for access to the books and records of the company, and, to wind up the company on just and equitable grounds and on oppression grounds.
The matter was resolved out of Court by a settlement deed on our client’s instructions on favourable terms for our client largely due to the pressure applied by applying to the Supreme Court.
Proper experience in dealing with shareholder, director, and company disputes is essential. Aitken Whyte Lawyers are focused on results. Our commercial litigation and disputes resolution team will advise you on your available options and an appropriate strategy to take if you are a member or officer of a company involved in a company dispute.
Aitken Whyte Lawyers can assist you with all shareholder, director, and company dispute matters.
Aitken Whyte Lawyers
11/8 Pikki Street,
Maroochydore Qld 4558
Ph: +617 5408 0655
Fax: +617 3211 9311