Blog & News

Commencing civil proceedings in Australia may involve a series of complex legal procedures, court rules and strict time limits. Whether the matter concerns a contractual dispute, a property dispute or a personal injury claim, understanding how to properly initiate legal proceedings is crucial. This guide provides a clear explanation of the litigation process, highlights key risks and practical considerations, and helps you effectively commence a civil claim within the Australian legal framework to achieve the best possible outcome.

Being a company director in Australia involves far more than strategic decision making. Legal duties apply continuously and can expose directors to personal liability, particularly when financial pressure emerges. Understanding these risks early allows business owners to make informed decisions before options narrow.

When a company enters liquidation, directors often assume past decisions are final. However, Australian insolvency law allows liquidators to unwind certain pre-liquidation transactions that unfairly benefit particular parties. Understanding which transactions are at risk, the look-back period, and potential personal exposure is crucial.

Many business owners appoint nominee directors thinking this removes responsibility. In reality, Australian law focuses on conduct, and nominee directors may still face personal liability. Understanding this risk is essential for anyone involved in such roles.

Many founders see the company constitution as the main governance document, but in practice the shareholders agreement often has greater impact on control, value and risk, particularly during disputes or exits. Understanding this difference helps protect relationships, preserve value and avoid costly conflicts.

Minority shareholders are not powerless under Australian law. The Corporations Act allows courts to grant strong remedies where conduct is unfair or oppressive. Knowing when these remedies apply can help achieve a meaningful exit or correction.

In the high-stakes arena of Australian corporate governance, the ability to maintain the status quo or prevent irreparable harm during a dispute is a critical strategic advantage. An interim injunction serves as a powerful judicial "pause button," capable of halting unauthorized share issues, blocking the removal of directors, or freezing assets before a final court determination. Understanding the rigorous legal hurdles and strategic nuances of obtaining such relief is essential for any business owner or director facing an internal power struggle.