Case Study: Shareholder and Director Dispute Resolved by Mediation – Logistics Company Avoids Liquidation » Litigation Lawyers Brisbane | Commercial, Insolvency & Bankruptcy Lawyers

Legal Areas: Director dispute, shareholder dispute, corporate governance, commercial mediation, company wind-up

Industry: Logistics & Supply Chain
Location: Queensland

Outcome: Settlement and orderly wind-down; company avoided liquidation

At Boss Lawyers, we recently acted in a complex director and shareholder dispute involving a Queensland-based logistics company. The matter involved deep divisions between co-founders over control of the business, robotics contracts, and disputed financial claims. Without urgent legal intervention, the company faced the real risk of being placed into external administration or liquidation.

Key Legal Issues

Breakdown of the relationship between directors, including breaches of fiduciary duty and failure to consult on key business decisions.

Dispute over robotic automation agreements and who had authority to bind the company to supplier contracts.

Conflicting claims to key clients, IP, and goodwill developed during the business’ growth phase.

Unresolved shareholder loans, unpaid dividends, and competing versions of internal financial records.

Risk of solvency issues and reputational damage if the dispute escalated.

Our Approach

As experienced shareholder dispute lawyers, our firm:

Issued legal notices under section 290 of the Corporations Act to obtain company records and financial documents.

Engaged an independent external accountant to assess disputed financial claims and shareholder entitlements.

Prepared for litigation while encouraging early engagement in private mediation with a senior commercial mediator.

Negotiated protective arrangements to preserve client goodwill and minimise disruption to operations.

The Result

Boss Lawyers successfully negotiated a comprehensive settlement, including:

An agreed orderly wind-down of the company over 60 days, avoiding insolvency.

Apportionment of key clients and business assets, including proprietary logistics automation IP.

Adjudication of financial claims by an independent accountant, with payment of a fair settlement sum to resolve outstanding disputes.

Preservation of brand value and avoidance of court-ordered liquidation or administrator appointment.

Why This Matters

This case highlights the importance of early legal intervention in director disputes and the value of strategic mediation. If your business is facing a shareholder deadlock, director misconduct, or a potential company wind-up, our experienced commercial litigation team can help protect your position and find a commercially sound path forward.

Need Help with a Shareholder or Director Dispute?

Boss Lawyers are trusted director dispute lawyers in Brisbane, with proven experience in resolving complex commercial conflicts and protecting shareholder interests.

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Published by Boss Lawyers | April 2025Keywords: director dispute, shareholder oppression, locked out of business,

Jason Titman

05:34 09 Apr 18

Working with a lawyer is not only about their understanding of the law but the ideal relationship requires your lawyer to also offer practical and pragmatic advice. Additionally, it is important for your lawyer to be contactable and to understand your risk profile with regards to the matter being dealt with. In my dealings with Mark and his team at Boss Lawyers, I have found all of the above to be true.

Karen Meissner

03:37 02 Apr 18

Mark Harley is exceptional at what he does - transforming complex law matters into easy to understand solutions.His knowledge, expertise and attention to detail are second to none. Here is a lawyer who cares and will go above and beyond for others.Without a doubt - Boss Lawyers do law differently - EXACTLY what the industry needs.I highly recommend Mark on both a professional and personal level.

Splatt Lawyers

02:30 29 Mar 18

Mark and the team provided exceptional advice and client service. They readily provided advice outside of office hours which we needed and really appreciated. Our matter was resolved on time and with the outcome we were looking for and accordingly we would not hesitate to use Mark and Boss Lawyers again and can highly recommend them.

Chris Baskerville

23:45 26 Mar 18

Mark Harley is a seasoned and highly skilled litigator. There is no better friend, nor worst enemy, than Mark Harley, who is willing to fight the good fight and not afraid to back down to opposition. He is a Trusted Adviser to me and my staff with a specific focus on Insolvency and Construction related matters. I trust him implicitly and have no hesitation in recommending him to others.

CHALLENGE COLLECTIONS

04:28 29 Mar 18

I have been engaging Boss Lawyers and Mark for over 3 years now, Boss are very Professional, Honest and reliable. They return calls and have my work done in a timely manner, I highly recommend Boss Lawyers, they are very dedicated Solicitors that go above and beyond.

Rodney Frampton

04:08 03 Dec 17

Excellent advice! Boss Lawyers have provide me with great advice on numerous occasions. From general contract advice to setting up my company to prevent any major legal problems. This allows me to run my Construction company with full confidence knowing I have Boss Lawyers to support me every step of the way. I highly recommend them.

Emmanuel Sarris

01:17 30 Jul 19

I am the treasurer of a body corporate that has engaged Boss Lawyers for advice on legal issues in relation to management rights and what the committee considered to be breaches of the caretaking agreement. I believe that the advice from Boss Lawyers on both a strategic and legal level has ended up producing an outcome for our scheme that is far more palatable to that which we would otherwise have had. I can recommend Boss Lawyers to any body corporate with similar issues. Emmanuel Sarris, Treasurer The Wellington Body Corporate for East Brisbane

David Sloan

00:35 11 Nov 19

I highly recommend Mark Harley from Boss Lawyers, he provided me with exceptional advice and a proposal for the best course of action which resulted in a positive outcome I didn't believe was possible. Mark is a skilled and accomplished litigator who cares for his clients and does the extra yards to ensure satisfactory outcomes.

Iain Tucker

04:23 22 Nov 19

I was happy with the work Mark did for me. He was thorough, pragmatic and very commercial in his advice. He did not over complicate matters. He was also cost conscious and very responsive to my needs.