Directors of a company have overriding (or fiduciary) duties to act in the best interests of the company and its shareholders. Some of these duties impose the requirement that a director acts in good faith, exercises their powers honestly and for a proper purpose, does not seek to gain a personal advantage from their position, and keeps the company’s affairs in order. Fiduciary duties require directors to maintain a high standard of conduct and act in a way which benefits the shareholders.
Shareholders may take action against directors acting in breach of any of their duties and seek damages for the director’s breach, or even to obtain urgent relief to prevent the dissipation of a company’s assets.
Obtaining legal advice from one of PCL Lawyers’ experienced litigation and dispute lawyers as early as possible can ensure you obtain the best possible outcome. Our experience acting in shareholders disputes shows that there is more than one option available to resolve a dispute, and we are experienced in negotiating settlement outcomes which resolve disputes and assist businesses to get back to business as usual.
However, where parties cannot agree, it may be necessary to obtain court orders to force a party to act in a certain manner. In the event that litigation is necessary, our lawyers are savvy and experienced in commencing and defending litigation brought by shareholders against companies, directors and other shareholders.
If a shareholder dispute goes to court, a judge has a wide range of powers to make orders including:
The law is extraordinarily complex in this area, and early legal advice can help you to make informed decisions and develop strategies to resolve the dispute quickly and effectively.
PCL Lawyers has extensive experience acting for shareholders and SMEs in complex disputes.
Our shareholder dispute lawyers can provide concise and commercially sound advice to help you resolve your matter or where necessary, prosecute or defend your position with vigour.
Our Brisbane Lawyers will provide you with expert legal advice as well as practical solutions. Our law firm has extensive experience in guiding client through their matter addressing commercial considerations and real-life situations and resolving issues quickly.Request a meeting
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