lawyer – SXSW Legal

Are You an Oppressed Shareholder? Here is What You Can Do

When the company violates their responsibility, exploits their position, and treats the shareholder wrongly, the shareholders can engage an experienced commercial lawyer and use the law to protect their rights. The act that caters to their rights is called the Corporations Act 2001 part 2F 1.

In this, under the section of 234, the outline s232 states that the candidates including in this act are; the company’s shareholders, any individual who was dismissed from the list by selective reduction, any other relevant person declared by the investment commission, any individual who has a share in the company either by will or law, and any person who is no longer the shareholder. Furthermore, the claim is based on the time when they were eliminated.

Oppression Situation

Shareholders may face oppression in the following conditions:

Improperly issued shares
Unprofessional elimination from the management
Prohibited to access information
Accused of wasting company funds
Harsh behaviour of others during the board meeting
Paying huge amounts of compensation to an associate or controller
Diversion to another entity of a business
Unable to take legal actions against any behaviour

Requirement for Resolution

The applicants are provided with help only when the court believes that the conduct of affairs and dismissal done on behalf of the company, or any decision or prospective decision of the shareholders was oppressive to a particular shareholder or was against the interest of a group of shareholders. These affairs may be associated with the company, the shareholders; major or minor, and the directors.

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Are You Liquidating Your Company? You Need To Know These Laws!

Liquidation is when you dissolve all of your assets and shutdown the company, or you sell it off. In order for this to occur, shareholders or the court is responsible for hiring a liquidator, who will then take the interest of every creditor into account and administer the whole process of converting the resources into money. If the company can afford a lawyer, then it should hire an experienced commercial lawyer.

The work involves releasing the company from any legal responsibilities, and allocating the surplus funds among the shareholders according to the company’s policies.

There are three types of liquidation you can opt for:

- Member Voluntary

In this type of liquidation, a company is closed by its directors or shareholders in spite of having a huge amount of assets. The company is not bankrupt in this type of liquidation; therefore creditors are rewarded with full payment and the rest of the money is divided between the directors or shareholders.

- Creditors Voluntary

You can opt for this category if you are bankrupt and cannot pay the debts. Here, the company is liquidated in order to pay those debts. According to the creditor’s claim, equal distribution of assets occurs between creditors after the payment of debt, but secured creditors are given more importance by the law. Other laws are also in place to avoid unfair distribution.

- Court Liquidation

In this kind of liquidation, the directors and creditors request the court to appoint a liquidator for the company and it takes place in the occurrence of a bankruptcy. A court order is compulsory for court liquidation, and the application submitted by the creditor will include the debt that the company is facing.

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All You Need to Know about Workplace Discrimination and the Legal Actions Taken Against It

Every workplace may consist of many kinds of people, coming from different backgrounds, which makes it a diverse place for interaction. However, not everyone appreciates this diversity and this might result in discrimination against a particular group. At the workplace, discrimination occurs when biased decisions are made against people based on something, which is not under their control. These decisions can be related to promotion, hiring, termination, retribution, reward, assignment of a task, or any other work related scenarios. You should consult an experienced lawyer if you can’t find the information you are seeking online.

Types of Unlawful Discrimination

There are several types of discrimination factors a person might come across at the workplace, which consists of age, sex, race, marital status, religion, nationality, physical disability, sexual orientation or preference, political affiliation and anything else, which is beyond the control of an individual.

Adverse Actions

This includes any discriminatory behaviour. It can be an employee’s dismissal, harming an employee during the course of their employment, changing their position in order to harm them, giving preference to other employee over them, rejecting hiring a potential worker, or modification in the employment offer based on discrimination.

Laws and Legal Actions regarding Unlawful Discrimination

State and federal laws have been put in place to protect the employees and improve the workplace environment. Acts such as, Occupational Health and Safety Act, Equal Opportunity at Workplace Act, Public Service Act, and Fair Work Act, are a few that deal with such harassment. Other specific laws tackle different types of harassment, which are discussed as under:

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With Children, Do You Really Need the Courts?

In many legal situations, it is pretty clear that a court order is going to be necessary. When one or both parents are arguing heavily, and simply cannot agree with each other, there might be no other choice. Where there is a lot of conflict, and especially when the safety of a child is at risk, family lawyers like Robertson Hayles Lawyers should be involved.

There are many times when it seems like a legal agreement, such as a Parenting Order, is not necessary. If both parents are getting along with each other, and have separated without much bad will, you might think that things can be worked out between each other. Are the children being kept from hearing adult discussions, and able to continue their lives without being disturbed by fighting? An agreement might have even been outlined, where each parent is happy. When both are flexible and willing to accommodate each other, for the sake of a child, it might seem like everything will be fine.

You might be in a situation like the one described above. Maybe there is even an informal agreement in writing. Separated and divorced parents still tend to have lacking communication with each other, and emotions can run hot without much warning. Both parents could be putting the interest of their children before their own needs right now, but things can happen to change this scenario.

Family Lawyers say it is always best to get a formal agreement as a court order, in case something should happen in the future. This does not mean that you are bad parents, just because family lawyers have been involved. Rather, it is there to make sure that everything stays amicable.

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Don’t Hesitate to Ask About Legal Fees

Legal fees are a big concern when members of the public think they will need a lawyer. This is for a good reason, as those fees can add up to, and in excess of, tens of thousands of dollars. It is important to realise that this usually only happens when litigation cannot be avoided. This is typically due to at least one party being difficult or claiming more than they are rightfully entitled to. Whoever is the cause of the problem, both parties are often forced to spend thousands of dollars too much on legal fees.

In reality, most legal matters will not lead to litigation. The price of legal representation is often much less than the public assumes. A lawyer will generally charge by the hour. Choosing a solicitor who deals with a range of different legal areas might seem cheaper. A lower hourly rate seems like it will make things easier on the bank account. However, by retaining a lawyer who specialises in family law — you will find that they are more efficient, and can get the job done in less hours on average. This will work out as a comparative total fee, while securing a more suitable type of legal representation.

If you want to be sure that legal fees do not run to high, it pays to be sensible about how you proceed. Rather than being unrealistic, it is wise to take any advice that your solicitor gives you. Unless other parties are particularly difficult or spiteful, there should be no cause for high legal fees. You should find that the costs for adequate legal representation are quite reasonable when things are done in an efficient manner.

To give yourself piece of mind, and to avoid any unexpected expenses, you have the right to ask about potential fees before you accept legal aid or online legal advice. A good lawyer should be eager to tell you about possible costs, rather than going ahead with decisions, while you are left wondering. In many legal matters, there is a chance that unseen fees with accumulate. You should never hesitate to ask for information about fees that have been incurred, and also about estimated future fees.

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