🚀 Ready to strengthen your startup’s legal foundations? Register for our free webinar here 👉 REGISTER
Disputes involving directors can surface in many forms, from an allegation that a director has breached their duties under the Corporations Act, to disagreement over a director’s removal, a conflict of interest, or a breakdown in trust between founders acting as co-directors. These disputes affect the whole business, not just the individuals involved, and they need to be handled carefully to protect the company, its directors and its ongoing operations. We advise founders, boards and individual directors across Australia on resolving these conflicts before they escalate.
Our team understands both the legal duties directors owe under Australian law and the commercial reality of running a business through a dispute. We work to resolve director conflicts through negotiation and structured mediation wherever possible, and act decisively in court when a resolution can’t be reached. Fixed-fee options are available for defined stages of a matter, giving directors and boards cost certainty while a dispute is being worked through.
We advise on and act in disputes involving an alleged breach of a director’s statutory or fiduciary duties.
We act for directors and boards in disputes over the process, validity or consequences of a director’s removal or resignation.
We advise on disputes arising from a director’s conflict of interest or dealings with related parties.
We help directors work through breakdowns in trust or decision-making before they threaten the company’s operations.
We advise directors on indemnity provisions and D&O insurance when a dispute puts personal liability at risk.
We resolve director disputes through negotiation and mediation where possible, and represent clients in court when needed.
A director dispute is a disagreement involving a company director, commonly over an alleged breach of duty, a director’s removal, a conflict of interest, or a breakdown between co-directors over how the company should be run.
Directors owe duties under the Corporations Act and general law, including a duty to act in good faith in the company’s best interests, to exercise care and diligence, and to avoid improper use of their position.
In many cases, yes, provided the correct process is followed under the company’s constitution and the Corporations Act. Getting the process wrong can itself give rise to a dispute.
A director dispute concerns a person’s conduct or position as a director, such as their duties or removal. A shareholder dispute concerns a person’s rights as an owner of the company, such as oppression or exit rights.
Negotiation and mediation resolve many director disputes without the cost and disruption of court proceedings, particularly where the parties still need to work together afterwards.
As soon as a concern is raised, whether that’s an allegation of a duty breach, a proposed removal, or a breakdown in trust between directors, so the company’s position is protected from the outset.