This miniseries explains the importance of shareholders agreement in resolving disputes among business partners, with case studies to illustrate the practical differences a well drafted shareholders agreement can make when co-owners fall out. The discussions outline key provisions that should be included in Shareholders Agreements to mitigate the risks of disputes derailing the business and the financial and emotional fallout for shareholders. This series also examines strategies used to negotiate resolution of a dispute and the process if disputes escalate to Court.
This episode focuses on the mechanisms within shareholders agreements that help resolve co-ownership disputes. It discusses key provisions like decision-making thresholds, events of default, and forced buyout clauses. Jessica Hill and Lauren Gross explain how shareholders agreements provide leverage and trigger to pull if a dispute breaks out – supported by case studies to demonstrate how these clauses can be utilised to force a resolution.
In this episode, Jessica Hill and Lauren Gross explore the challenges and complexities of resolving disputes when there is no shareholders agreement in place. They highlight the difficulties of negotiating terms to reach an agreement and the potential for prolonged and costly legal battles. The discussion includes case studies that illustrate the importance of having a formal agreement to avoid having to negotiate an agreed resolution with a business partner when the relationship has soured.
The final episode delves into the legal remedies available when disputes escalate to the courtroom. It explains the processes involved in bringing shareholder oppression claims and claims around breach of directors' duties under the Corporations Act. Jessica Hill and Lauren Gross provide insights into the court's role in resolving disputes and the possible outcomes, including forced buyouts and winding up orders, through a detailed case study that demonstrates these legal principles in action.
This podcast in no way constitutes legal advice. It is general in nature and is the opinion of the author only. You should seek legal advice tailored to your individual circumstances before acting on anything related to this podcast.
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