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HORNSBY LAWYERS – BUSINESS DISPUTE ADVISORS

Don’t let a company dispute damage your business, staff or reputation. When things don’t go to plan, you need an expert advisor on your side. Stacks Collins Thompson are the go-to Hornsby lawyers to fight for you and get a resolution – fast.

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No hidden fees
Network of local offices
Deep expertise
Real client care
Practical advice not legalese
Progressive practise

Make an enquiry and one of our team will be in touch

MEET YOUR LOCAL BUSINESS DISPUTE EXPERTS

Mark Shumsky

Lawyer

Hornsby

“A business dispute of any kind can have devastating impacts – on people, profitability, operations and more. At Stacks Collins Thompson, we are the Hornsby lawyers with decades of experience helping large and small companies across the North Shore resolve disputes quickly and fairly, so you can get back to running your business.”

Business is complex enough when things are going right, let alone when disagreements arise. You could be a Leighton Park-based manufacturer grappling with an intellectual property dispute; an Asquith tradie facing a property or construction dispute; or you could be struggling to recover an overdue debt as one of the Upper North Shore’s many hardworking professional services businesses.

Whatever the nature of your business dispute, you need to resolve it quickly to limit the damage. Since 1979, the business lawyers at Stacks Collins Thompson have been helping local businesses understand their legal rights and responsibilities, achieve a fair outcome and get back to doing what they do best. And we can help your business too.

More Information

Business partnership disputes

Many businesses across Sydney’s Upper North Shore operate as business partnerships – from retailers and auto repair workshops, to real estate agencies and medical practices. A dispute between partners can threaten the viability of a business and so requires swift action to reach an amicable resolution.

Our Hornsby business lawyers can assist with drawing up a business partnership agreement and resolving partnership disputes. These might concern:

Dispersal of profits
Acquisition or disposal of assets
Conflicts of interest
Breaches of fiduciary duty
Dissolution of the partnership

Contract disputes

A contract dispute can impede business cash flow and impact normal operations, particularly when it is not dealt with quickly and effectively. There are also time limits applying to civil proceedings, so you should seek legal advice at an early stage to avoid limiting your options.

Contract disputes typically arise where parties have differing interpretations of a contract, contest certain contract terms, or want to make changes to a contract. Stacks Collins Thompson are the Hornsby lawyers with decades of experience in helping local businesses of all sizes to resolve contract disputes, including disputes relating to:

Partnerships
Sale of shares
Supplier agreements
Franchise agreements
Licensing

Debt recovery

Not getting paid for services or products you have provided affects your cash flow and bottom line and can irreparably damage the client relationship.

The business dispute resolution specialists at Stacks Collins Thompson can help your business recover debts and determine how best to do so. Whether you are a local boutique or the national headquarters of a multinational corporation, we can assist you with:

Preparing letters of demand
Launching legal proceedings
Enforcing judgment orders, including seizure of assets by a court sheriff and garnishee orders for wages or bank accounts
Navigating bankruptcy and liquidation proceedings

Property, building and construction disputes

Don’t let a property, building or construction dispute become your business’s demolition order. As Hornsby lawyers with expertise in commercial property and commercial law, Stacks Collins Thompson can help you to resolve disagreements quickly and with minimal disruption to your business. Speak to us about business disputes related to:

Commercial leases
Building and construction contracts
Sale agreements
Development and planning applications

Small claims

A small claim involves a claim or debt of up to $10,000. It is dealt with by the Small Claims Division of the Local Court. There is a time limit of six years to make a claim. While “small” in a legal sense, this amount of money may be far from trivial to your business. For a small business, such a sum can be significant.

Many small claim cases can be settled out of court. This is generally simpler, more cost-effective and more amicable for both parties involved. Our debt recovery team at Stacks Collins Thompson can help you to navigate the process for pursuing a small claim, including:

Sending a letter of demand to the debtor who owes you money
Negotiating an agreement with the debtor (you could also consider contacting a Community Justice Centre about free mediation)
Filing a Statement of Claim form at Hornsby Local Court
Serving the Statement of Claim on the debtor
Preparing for a pre-trial review to try to settle the case
Representing you if the matter goes to court
Enforcing a court judgment

Shareholder disputes

Shareholder disputes are disagreements between those who own shares in your company. They can be unpleasant and may impact the overall productivity of your business. For this reason, it is important they are resolved swiftly.

No company dispute is the same, meaning the approach that is taken must be tailored accordingly. This can differ depending on whether you have a shareholder agreement drawn up, whether the company has a constitution, the number of shareholders involved and the sticking points at the heart of the dispute.

Seeking legal advice early on can ensure that your dispute is resolved quickly, your interests are protected, and you meet your obligations to shareholders and the company. The business dispute lawyers at Stacks Collins Thompson can help you achieve this.

Mediation and alternative dispute resolution

Court litigation is rarely the fastest or cheapest means of resolving a business dispute. For many small businesses, the prohibitive cost means it is not a viable option at all.

Most courts now have alternative dispute resolution (ADR) processes as another pathway to try to resolve a dispute without going to a trial. Different types of ADR processes include:

Negotiation
Mediation
Facilitation
Conciliation
Arbitration

Speak to the mediation and business dispute resolution experts at Stacks Collins Thompson for advice on the best way to resolve your dispute cost-effectively and quickly.

Business negligence and fraudulent conduct claims

Has your business been accused of negligence, misleading or deceptive conduct, or fraudulent conduct? Then you need experienced legal advisors to aid your defence.

As Hornsby lawyers with decades of experience in business dispute resolution, Stacks Collins Thompson can support your business in the full range of claims:

Restrictive trade practices, such as price fixing and the use of dominant market position
Unconscionable or misleading and deceptive conduct
Product liability and safety standards
Passing-off actions (imitation of a trade name, logo or products without authority)
Prosecuting and defending court proceedings
Dealing with regulatory authorities (such as the Australian Competition Tribunal)
Product liability
Advertising content

Professional negligence

Claims of professional negligence are serious and costly, and risk permanently damaging your reputation if they are not dealt with promptly. Conversely, people who are victims of professional negligence or of failures in duty of care can suffer profound damage to their finances, property, health or business.

If you have a professional negligence claim made against you, or need to make a claim against an advisor, seek legal advice straight away. The Hornsby lawyers at Stacks Collins Thompson can offer tailored advice on:

Understanding the nature of the claim and its legal basis
Compiling expert evidence to support your case
The time limits that apply to civil proceedings
Navigating commercial litigation and dispute resolution processes

Intellectual property disputes

Sydney’s North Shore region is the site of a number of global innovations. Granny Smith apples originated in Eastwood; ground-breaking medical research has been developed from Macquarie Park; the CSIRO invented Wi-Fi technology.

The intellectual property team at Stacks Collins Thompson can help your business protect its IP and take action against anyone who may infringe that IP. We can:

Help you understand and pursue your rights
Lodge patent and trademark applications
Determine the most appropriate and cost-effective means of protecting your IP, including litigation or alternative dispute resolution

Government investigations and prosecutions

Australia is one of the most highly regulated corporate environments in the world. It is increasingly complex for businesses to comply with their many obligations.

The business dispute resolution and litigation team at Stacks Collins Thompson can explain your legal rights and obligations, act in your defence and, wherever possible, work to resolve a dispute out of court.

We assist businesses across the Hornsby Shire and wider North Shore region with:

Dealings with regulatory bodies including ASIC, APRA, ACCC and ASX
Investigations by the ATO and NSW Office of State Revenue (OSR)
Tax audits
Workcover and Occupational Health and Safety investigations

Administrative law

If a government department or official or statutory body has made a decision or acted in a way that you believe is unjust, you can apply to have the decision reviewed with the aim of having it amended or overturned altogether. You can also take steps if a government body fails to make a decision when it has a duty to do so.

Administrative law specialists at Stacks Collins Thompson can assist your business with:

Freedom of Information requests under Commonwealth law
Matters affecting the protection of privacy
Interpreting the NSW Government Information (Public Access) Act and obtaining information relating to a particular NSW government decision or action
Interpreting the Administrative Decisions (Judicial Review) Act, which regulates the public sector
Administrative law challenges across a range of courts and tribunals – including state, Federal and High Courts, the Administrative Appeals Tribunal, the Administrative Decisions Tribunal and the NSW Civil and Administrative Tribunal (NCAT)

Michelle Goddard

I have been using Stacks Law Hornsby for a number of years and the whole team from David, Kay & Tracey have been nothing but amazing. Nothing is ever a hassle, all legal questions are answered promptly and with all required information. They are upfront and honest, they are always available and do not delay responses. To have support of a great legal team when you are going through life’s big challenges makes it all so much easier. Thank you to David, Kay & Tracey for being a wonderful team to work with.

Perhaps Me

The firm and staff have been first rate professionals.

John Orr

Tracey and Kay and team do a great job supporting and executing the stressful job of buying and selling property. They first helped our son buy his first apartment, then us in our downsizing. We had good advice and guidance along the way, always available for questions, and pro-active in anticipating potential problems. We're very happy with the outcome, would use them again (except we're not going to move from our new home any time soon!). Would recommend them to anyone wanting a responsible and supportive conveyancer.

Peter Disney

Have been dealings with this company for many years, many different staff, on many topics from conveyancing to wills and guardianships. I have been nothing but impressed by their level of service and professionalism and advice, exceeding my expectations where other parties have not. I highly recommend them.

Scott Wilson

We recently used Stacks Collin’s Thompson for a settlement.
The service provided by Tracey Hussey was first rate, everything when without hitch.
I would highly recommend.

Jennifer Prowse

A huge thank you to Tracey for her kindness, speed and efficiency with our conveyancing. Tracey is very professional, knowledgeable and we would recommend her to everyone.

Kathryn

I would like to thank Tracey, Kay and the team for working with me in the purchase and sale of my properties. I felt supported throughout the entire process and appreciated their prompt and thorough responses. Thanks again.

Neil P

The staff at Stacks Collins Thompson were very helpful and professional in their dealings with me in the sale of my property at Eastwood. Everything was done very efficiently, without any problems.

Jeremy Claire Gluyas

Mr John Gooley was an agent of our first solicitor, in the end we gave him the brief as his clear and concise advice, was what I needed to hear( if not what i initially wanted). I was shown why my second choice was a better option. I feel I received proper legal advice, as opposed to what the representative thought I wanted to hear. A good outcome in an otherwise terrible situation. Thanks John and David.

Caz Holden

I am writing this letter to express my most sincere thanks for the most professional representation from Trina for my case and helping me in my time of need and being compassionate. I admire your composure, work ethic and your excellent representation for your company. I will not hesitate to use Stacks, Collins and Thompson in Hornsby for any future work needing to be addressed.

Kind Regards
Carol

FREQUENTLY ASKED QUESTIONS

Do I need a lawyer to make a small claim in Hornsby Local Court?

No, you can handle a small claim yourself.

However, it can be useful to obtain legal advice from the outset, to make sure you have a strong case. If you lose in court, you could end up having to pay the other side’s legal costs. You may also benefit by obtaining legal advice about time limits, or receiving assistance managing the paperwork and court hearing process.

Additionally, if you win your case but the debtor still does not pay you, having assistance from a business dispute lawyer can help you to enforce the judgement and recoup the debt owed to you.

Do shareholders in a company need to have a shareholders agreement?

No, a shareholders agreement is not legally mandatory. It is, however, highly recommended to have one, to set out the obligations of shareholders clearly and to outline the process for resolving any disputes that may arise.

What shareholder disputes commonly arise?

Most shareholder disputes tend to centre on one or more of the following:

Disagreements about business decisions
One shareholder wanting to force another to sell them their shares
Shareholders claiming they are doing more work than others
Allegations of an unfair allocation of dividends to particular shareholders
Minority shareholders (that is, those who own fewer shares than some of the other shareholders) feeling they are not being heard
Breaches of duty by a director

Do business partners need to have a partnership agreement?

No, a partnership agreement is not a legal requirement. However, the lack of a formal agreement does not mean that a business partnership does not exist under the law.

As well as joint profit sharing, business partners have a range of fiduciary obligations, including to act in good faith, to provide a full account of partnership assets, and to avoid conflicts of interest. Each business partner is also jointly liable for all debts and contractual obligations under the partnership.

While not a legally mandatory, it is highly recommended to have a partnership agreement to outline responsibilities, assets and exit planning scenarios to minimise the chance of disputes arising in the future.

When might a government decision be considered unfair and open to review?

The following reasons might be taken into account when a government decision is reviewed:

Whether the rules of “natural justice” have been breached
Whether correct procedures have been observed
Whether the person making the decision has the proper jurisdiction to make it
Whether there has been an improper exercise of power (for example, the decision maker has failed to take a relevant consideration into account or has acted in bad faith)
Whether there has been an error of law in the making of the decision
Whether the decision has been affected by fraud
Whether there is any evidence to justify the making of the decision

Ethan Brightmore

Paralegal

Hornsby

Phone Ethan

Email Ethan

Find more experts

Stacks is the steady hand you can trust, the lawyers you know. The ones who care about where you’re from, what you’re going through and who treat you like a person, not just another case.

With the attention of one lawyer, backed by the expertise of many, we’re the only legal provider in Australia that gives businesses and everyday people access to expert legal services through a network of reputable local offices.

Legal challenges can feel confusing, even intimidating, but we know what you’re going through, we know the legal terrain, we view your case individually, and we can offer the care, reassurance and expertise to guide you every step of the way.

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No hidden fees

We’ll always be honest and upfront. We’ll look you straight in the eye and agree on a plan before moving forward.

Deep expertise

We know the ropes and our professionals have expertise specific to every legal situation—many are Accredited Specialists.

Practical advice not legalese

We speak clearly and directly, so you understand our advice and can make decisions with confidence.

Network of local offices

We’re local to wherever you are, and our offices are owned and operated by friendly, local professionals, proud of their communities.

Real client care

We genuinely care about our clients. It’s the core of who we are and has been since the first practice was opened by ER Stack on the NSW Mid-North Coast in 1931.

Progressive practise

We make the process easy for you with the latest tech to keep services cost effective—and you in control.

HORNSBY LAWYERS – BUSINESS DISPUTE ADVISORS

Make an enquiry and one of our team will be in touch

MEET YOUR LOCAL BUSINESS DISPUTE EXPERTS

Business partnership disputes

Contract disputes

Debt recovery

Property, building and construction disputes

Small claims

Shareholder disputes

Mediation and alternative dispute resolution

Business negligence and fraudulent conduct claims

Professional negligence

Intellectual property disputes

Government investigations and prosecutions

Administrative law

Reviews from our clients

FREQUENTLY ASKED QUESTIONS

Do I need a lawyer to make a small claim in Hornsby Local Court?

Do shareholders in a company need to have a shareholders agreement?

What shareholder disputes commonly arise?

Do business partners need to have a partnership agreement?

When might a government decision be considered unfair and open to review?

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