Can I be forced out of my own company?

Sometimes, depending on the constitution and any shareholder agreement. If you are being excluded unfairly, the courts can make orders to protect you, including ordering your shares to be bought.

We do not have a shareholder agreement. Where do we stand?

The constitution and the Corporations Act set the rules. We work out your position under them and the most direct way to a resolution.

Most document work (leases, agreements, structures) is quoted as a fixed fee from the outset. Debt recovery is staged: a fixed fee for the letter of demand and for a statutory demand, then a written estimate for any court step. Larger matters such as a business sale or a contested proceeding are scoped and estimated in writing before we start, and you are told early if anything changes.

When co-owners fall out,
protect what you built.

Shareholder disputes put the business itself at risk. We act for shareholders and directors to protect their position, keep the business running, and reach an exit or a resolution on fair terms.

Book a free 15-minute call Call 03 8386 9502

Client reviews

Commercial law clients,
in their own words.

All 84 Google reviews

4.5★★★★★
Google rating from 84 client reviews
Every quote on this page is a public Google review, reproduced in the client’s own words. Read them all →
We engaged Joshi Lawyers for a business purchase and found them to be very professional, dedicated and helpful. Dinesh has a significant degree of knowledge in business and commercial law matters. We were advised about everything in detail and kept informed about our matter’s progress at each stage.
Anqi HuangBusiness purchase · Google review, 2017
Our first experience in Australia using any lawyer. All advice given was very fair and to the point. It was them who suggested the statutory demand process, which we used for a speedy recovery, and it worked.
GNS Group AustraliaDebt recovery · Google review, 2023
Dinesh solved my dispute in 4 months where the other lawyer I had prior took 12 months giving me no foresight on my case. Dinesh has a clear foresight in his cases and closes all objections with ease and makes you aware of your standing.
Dheeraj WadhwaniBusiness dispute · Google review, 2018
From business settlements to my recent land settlement, they have never failed to impress me. Thank you Dinesh and your team for taking the stress from us and dealing with all sorts of issues and disputes very professionally.
Aarti AroraBusiness owner and investor · Google review, 2017

Is this you?

When people come to us about shareholder disputes.

Each of these is a good reason to call, and none of them is too early.

You have been shut out of decisions in a company you part-own.
Your fellow director is taking the business in a direction you do not accept.
The shareholders are deadlocked and nothing can be decided.
You want to leave the company and the others will not agree a price.

How we help

A deadlocked company loses value every month. We work to end the deadlock.

Many shareholder disputes are resolved by reading the constitution and any shareholder agreement closely. They often contain a way out, such as a buy-out or valuation clause. Where they do not, the Corporations Act gives the courts wide powers to deal with conduct that is oppressive or unfairly prejudicial.

Our first aim is a negotiated exit or settlement that keeps the business intact. Where that is not possible, we act in proceedings to protect your interest.

What we do

Advice on the constitution and shareholder agreement
Access to company books and information
Deadlock, exclusion and director disputes
Negotiated buy-outs and valuations
Oppression and winding-up proceedings
Mediation and settlement

Book a free 15-minute call

What happens first

Your first week with us.

A matter should feel different from the first call. This is what you can expect before anything is signed or sent.

What it costs

The first call: what the real question is
Most commercial matters turn on one or two points. We find them first, so the work goes where it counts.
Within the week: a strategy and a written estimate
What a good outcome looks like, how we propose to reach it, and what it will cost, before any letter is sent.
Deadlines first
Statutory demands, court documents and notices carry short time limits. We deal with those before anything else.
From then on: one senior lawyer
You deal with the same lawyer throughout, and you are told early if anything changes.

Your team

Who you will deal with.

Matters are run by the people below, not handed down.

Meet our people

Questions

Frequently asked questions

If your question is not here, it is a good reason for the free call.

Can I be forced out of my own company?
Sometimes, depending on the constitution and any shareholder agreement. If you are being excluded unfairly, the courts can make orders to protect you, including ordering your shares to be bought.
We do not have a shareholder agreement. Where do we stand?
The constitution and the Corporations Act set the rules. We work out your position under them and the most direct way to a resolution.
What does it cost?
Most document work (leases, agreements, structures) is quoted as a fixed fee from the outset. Debt recovery is staged: a fixed fee for the letter of demand and for a statutory demand, then a written estimate for any court step. Larger matters such as a business sale or a contested proceeding are scoped and estimated in writing before we start, and you are told early if anything changes.