We identify your role as director, shareholder, or creditor and clarify the rights, duties, and risks that apply to your position.
We review financial records, governance arrangements, agreements, and dispute circumstances to determine exposure and available options.
We explain practical pathways, associated risks, and likely outcomes so you can make informed decisions.
We engage with other stakeholders on your behalf to protect your position and seek constructive resolution.
We formalise and document agreed outcomes or pursue enforcement action where necessary.
Directors face heightened scrutiny during periods of financial uncertainty. Failure to understand statutory duties can result in significant personal liability.
We advise on obligations under corporations legislation, including duties relating to solvency, decision making, record keeping, and reporting. We also assess exposure to insolvent trading claims and other potential liabilities.
By identifying risks early and implementing practical safeguards, directors can reduce personal exposure and continue making commercially sound decisions.
Shareholder disputes can disrupt business operations and erode value if not managed carefully. Understanding legal rights is essential to protecting your position.
We provide guidance on voting rights, access to company information, dividend entitlements, shareholder agreements, and remedies for unfair or oppressive conduct.
Our focus is on resolving disputes efficiently and commercially, whether through negotiation or formal legal remedies where required.
When payment issues arise, creditors must act strategically to preserve recovery prospects. Delay or incorrect action can reduce the likelihood of repayment.
We advise on statutory demands, repayment negotiations, secured and unsecured recovery options, and formal proceedings. We also assist creditors in understanding their position during administration or liquidation.
Early and proportionate action often improves recovery outcomes while reducing unnecessary cost and delay.
Directors must carefully manage trading decisions when a company is experiencing financial distress. Insolvent trading provisions can create significant personal exposure.
We assess insolvent trading risk and advise on eligibility for Safe Harbour protections. This includes documenting restructuring steps and ensuring ongoing compliance requirements are met.
Properly implemented Safe Harbour arrangements can provide directors with the confidence to pursue recovery strategies while managing liability risk.
Breakdowns in governance or shareholder relationships can create significant instability within a company. These disputes require careful handling to protect value.
We advise on claims involving oppressive conduct, voting irregularities, breaches of agreements, and governance failures.
Where possible, we pursue negotiated solutions. When necessary, we provide decisive representation to protect your interests through formal proceedings.
Statutory demands are powerful legal tools that must be used or responded to strategically. Mishandling them can have serious consequences.
For creditors, we advise on issuing statutory demands to prompt payment. For directors and companies, we assist in responding, negotiating, or applying to set aside demands.
Timely advice is essential to avoid unnecessary winding up proceedings and to ensure legal rights are preserved.
Yes. Directors may face personal liability in certain circumstances, particularly where statutory duties are breached. Early advice significantly reduces risk.
Shareholders may have rights to information, voting remedies, or relief for unfair or oppressive conduct depending on the company’s governing documents and the nature of the dispute.
Options include statutory demands, negotiated settlements, repayment arrangements, or formal recovery proceedings. Strategic action improves recovery prospects.
Running a business in Sydney can be challenging, and financial issues can arise at any time . However, financial distress does not suddenly occur. It develops over....
Read moreSection 95A of the Corporations Act 2001 (Cth) (‘Corporations Act’) defines insolvency as the inability of a company to pay its debts as and when they become d....
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