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Drag-along provisions challenged in Mobile Asset Case
The case of Mobile Asset Holdings Ltd [2026] ATP 7 (Mobile Asset Case) concerned a proposed special resolution to insert drag-along and tag-along rights into the company constitution of Mobile Asset Holdings Ltd ACN 614 791 043 (Mobile Asset).[1] Ultimately, the Australian Takeovers Panel (Panel) decided that Mobile Asset could not hold a general meeting…
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Disputed ESOP – Selak v National Tiles Co Pty Ltd
In the case of Selak v National Tiles, the Vic Supreme Court considered whether a company breached an option agreement governed by the terms of an Employee Share Option Plan (ESOP) by requiring an option holder to execute an undisclosed shareholders’ agreement as a condition of exercising vested options.
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Accountant liability in shareholder oppression cases
The Corporations Act 2001 (Cth) (Corporations Act) imposes liability on directors where they engage in shareholder oppression.[1] While this is a director’s duty, third parties may also be held liable for the actions of a director or company where they were involved in the oppressive conduct. Internal and external accountants of a company can and…
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Can a ‘commercial purpose’ excuse shareholder oppression?
On 19 November 2021, the Full Court of the Federal Court of Australia published its decision in the case of Hylepin Pty Ltd v Doshay Pty Ltd [2021] FCAFC 201 (Hylepin v Doshay). Hylepin v Doshay was appealed from the decision in Hylepin Pty Ltd v Doshay Pty Ltd [2020] FCA 1370 that concerned a…
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Shareholders’ agreements & deadlock clauses
Deadlock Clauses in Shareholders’ Agreements can prevent shareholder oppression. Learn about different types of clauses, dispute resolution provisions and financial implications. Read on to find out more.
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What exactly is a Preference Share?
Discover the advantages and risks of preference shares and their implications for capital gains tax. This article from Dundas Lawyers explains the hybrid rights associated with preference shares, how they are issued, and their potential benefits for shareholders.
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What are Shareholders Agreements?
Shareholders agreements are legal contracts that regulate the rights and obligations of shareholders, including confidentiality, dispute resolution, dividend policies, pre-emptive rights, and more.
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Tag along rights in shareholder agreements
Learn how tag along rights protect minority shareholders and ensure that the controlling interest of a company remains in the hands of the original shareholders. Find out more by reading this article.
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Shareholder disputes – a fight for control
Shareholder Disputes are a common issue for Australian proprietary limited companies. This article outlines the laws, tactics and remedies available to help resolve them.
Shareholders agreement
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