Corporate Governance

Macrossans Lawyers regularly advise on complex commercial disputes involving shareholders and partnerships, corporate governance issues, allegations under the Trade Practices Act 1974 and commercial and employment disputes.

We focus on our clients' needs and adopt the best approach whether that is through conciliatory action such as alternative dispute resolution or requires aggressive action involving mareva injunctions.  

Our experience

Commercial disputes and claims under the Trade Practices Act
  • Acting for developers of high rise residential apartments in numerous disputes involving the sale of units off the plan and claims of misleading and deceptive conduct under the Trade Practices Act.
  • Acting in disputes arising out of distributorship and franchising agreements, involving termination rights, damages claims and issues under the Trade Practices Act such as misleading and deceptive conduct, unconscionable conduct and anti competitive conduct.
  • Acting in numerous property disputes involving sale of land contracts and leases of commercial and retail property
  • Acting for a national distributor in the Federal Court regarding its termination of an $8 million p.a distribution agreement. Sought relief under the Trade Practices Act from deceptive, misleading and unconscionable conduct, with a settlement negotiated
  • Providing advice to Energex Limited and Energex Retail Pty Limited about trade practices issues arising from contracts with customers, particularly in relation to market share and monopoly powers
  • Advising on restrictive trade practices issues affecting contract negotiation
  • Reviewing advertising brochures and marketing campaigns for trade practices compliance.
Corporate governance
  • Acted for independent directors in an oppression action in which the minority shareholders' stake in the company was in excess of $50 million
  • Acted for an officer of a company joined in proceedings involving a $40 million claim alleging breach of fiduciary duties against the directors of the company
  • Acted for employers seeking to enforce restraint of trade and confidentiality provisions of employment contracts
  • Advised and acted for employers such as Enscham Coal and Carrington Cotton in corporate governance matters

For further information please contact Bill Hickey.