Business Disputes

Shareholder disputes, which our team resolves, are governed by the Corporations Act. Shareholder disputes in Queensland are governed by the Corporations Act 2001 (Cth) and the company's constitution or shareholders' agreement. Common remedies include orders for oppression under section 232 (where the affairs of the company are conducted oppressively), winding up on just and equitable grounds under section 461, and derivative actions by shareholders on behalf of the company. The Supreme Court of Queensland has jurisdiction to hear these matters. Mediation and negotiation are strongly encouraged before court proceedings.

At our firm, we help you pursue or defend breach of contract claims. A breach of contract occurs when a party fails to perform an obligation without lawful excuse. In Queensland, the innocent party can seek damages, specific performance, or termination of the contract. The limitation period is 6 years from the date of breach.

At our firm, we advise directors on meeting their legal obligations. Directors, partners, and company officers owe fiduciary duties of loyalty, good faith, and avoidance of conflicts of interest to the company and shareholders. Breaches include diverting business opportunities, misusing confidential information, secret profits, and competing with the company. Under the Corporations Act 2001 (Cth) and general law, remedies include account of profits, equitable compensation, injunctions, constructive trusts, and damages. The Supreme Court of Queensland routinely hears such claims.

Franchise disputes, which our team handles, are governed by the Franchising Code of Conduct. Franchise disputes in Queensland are governed by the Franchising Code of Conduct, a mandatory industry code under the Competition and Consumer Act 2010 (Cth). Common disputes involve termination rights, restraint of trade clauses, marketing fund mismanagement, and non-disclosure by franchisors. The Code prescribes a dispute resolution process starting with mediation. If unresolved, claims can proceed to the Federal Court of Australia or the Supreme Court of Queensland. Damages, injunctions, and declarations are available.

IP infringement matters, which our team handles, are addressed under Australian IP legislation. IP infringement in Queensland is addressed under the Trade Marks Act 1995 (Cth), Copyright Act 1968 (Cth), Designs Act 2003 (Cth), and Patents Act 1990 (Cth). Remedies available in the Federal Court or Supreme Court of Queensland include injunctions (interlocutory and final), damages or an account of profits, delivery up or destruction of infringing goods, and declarations of ownership. The court may also award additional damages for flagrant infringement. Urgent relief is available via ex parte applications in appropriate cases.