Corporate & Business Litigation

We provide strategic advice and court representation to Boards, individual directors, and shareholders in relation to Corporations Act and general business matters such as:

  • Advice on directors’ duties and representation in Supreme Court litigation relating to claimed breaches of duties
  • Disputes between directors, and between shareholders and the board, relating to board composition and control, access to company books and records, provision of audited financial statements, and directors being locked out from management
  • Bringing and defending shareholder oppression claims
  • Disputes about shareholder meetings, such as whether meetings have been properly called and conducted, misleading and deceptive conduct in meeting notices, and disputes when directors refuse to call meetings
  • Claims relating to the purchase and sale of shares
  • Managed investment schemes and complaints concerning the conduct of (and removal of) responsible entities
  • Claims of misleading and deceptive conduct in relation to financial products
  • ASX disclosure, and shareholder claims against companies for misleading information or inadequate market disclosure
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Our relevant experience includes:

  • Acted for a former director of a mining company in claims of breach of directors’ duties under sections 180 to 184 Corporations Act, relating to the surrender of tenements acquired by other entities
  • Acted on numerous occasions for plaintiff minority shareholders in Supreme Court proceedings claiming shareholders’ oppression under sections 232 and 233 Corporations Act
  • Acted for a defendant in Supreme Court injunction proceedings relating to alleged misleading and deceptive conduct in breach of section 1041H Corporations Act, in notices of investor meetings to remove the responsible entity of a winery managed investment scheme
  • Acted for defendants in a Victorian Federal Court action, where it was claimed the defendants had failed to disclose a substantial holding in a public listed gold mining company in breach of section 671B Corporations Act and engaged in misleading and deceptive conduct, causing a board spill and loss of chance to convert a loan to equity
  • Acted for the plaintiff financier in a Supreme Court action for declaratory relief relating to the transfer of charged assets from the borrower to another entity, breach of directors' duties for knowing assistance, and injunctive relief to restrain the disposal of assets
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