Business & Company Disputes

BUSINESS & COMPANY DISPUTES

Companies face disputes on a regular basis; that’s the nature of business. The Litigation Team at Ramsden Lawyers are poised and ready to assist you in finding a practical and commercial resolution to any obstacle you may face so you can get back to what’s most important – building your business.

BUSINESS & COMPANY DISPUTES

Company disputes arise particularly in relation to:

  • The establishment of a company;
  • The running of a company including the appointment, remuneration and removal of directors;
  • Minority shareholder concerns;
  • Lessor disputes;
  • Supplier disputes & Lender disputes;
  • The provision of personal guarantees;
  • Profit distribution;
  • Company taxation;
  • Financial difficulties;
  • Insolvency; and Winding up.

The resolution of company disputes generally involves dealing directly with the company and potentially ASIC. For further information on Companies see:

COMPANY REGULATION

All companies and directors are regulated by the Australian Securities Investment Commission and the Corporations Act 2001.

At Ramsden Lawyers, we deal with compliance issues facing companies and directors every day. Let us help you if you are facing any legal matters arising from directorship of a company or any other events.

DIRECTOR'S DUTIES

The Corporations Act 2001 contains a number of provisions relating to the duties of directors of companies. Breaches of these provisions may result in serious consequences for directors and company officers.

Director’s duties include, but are not limited to:

  • Duty to carry out directors duties with a level of care and diligence;
  • Duty to act in good faith and in the best interests of the company;
  • Duty not to use the director’s position for their own benefit and to the detriment of the company;
  • Duty not to usurp an opportunity from the company; and
  • Duty not to engage in insolvent trading.

ADMINISTRATION AND LIQUIDATION

We understand that companies can fall into administration and liquidation which sometimes cannot be helped. If your company goes into administration or liquidation, it is important to make sure you are protected as a director (if possible) from any repercussions that may arise or any claims brought by liquidators.

Claims from liquidators may include insolvent trading, unfair preference claims, uncommercial transactions, unfair loans from the company, unreasonable director related transactions and conflicts of interest.

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