Experienced family lawyers Robertson Hayles report that Australian law defines the term ‘a de facto relationship’ as a relationship between ‘a man and woman who, although not legally married to each other, live together as husband and wife on a bona fide domestic basis’. That is, a de facto relationship exists when the party and his/her former partner, irrespective of gender, were in a relationship as a couple residing together on a genuine domestic basis. However, Australian law denies a relationship as a de facto relationship if the individuals were lawfully married to one another or if they are related by family.
In order to determine that a relationship is a de facto relationship, it is incumbent on the parties to make an application to the court. The application can be made either to the Family Court or Federal Circuit Court. In practice, such application is usually made when an actual relationship has broken down and the parties are aiming at having financial disputes determined in the same manner as between married couples. In order to apply for a de facto financial order, such application must be filed within two years of the breakdown of the relationship at issue. In order to obtain a favourable de facto relationship order from the court, the applicant must prove before the court existence of the following facts:
Companies are run by management structures. These management groups are usually in charge of making large financial decisions. These financial decisions can directly impact a company’s share price, income, and indirectly, the shareholders.
This means that shareholder disputes can arise if the shareholders feel that the company isn’t making good decisions, and that their shares are suffering as a result. In most cases, disputes are opened when a number of large shareholders get together, but they can happen at any time. A good team of commercial lawyers is usually needed to make sure that the disputes are resolved in a timely manner which leaves both parties pleased.
The following five tips can help you, as a shareholder, deal with a shareholder dispute.
- Make Sure That You Are Represented By A Good Commercial Lawyer
The key, if you want the dispute to be dealt with in a timely fashion, is to make sure that the shareholder group is represented by a high quality commercial lawyer. Sometimes, this lawyer will be able to sort things out almost immediately, due to their knowledge and expertise when it comes to defusing tense disputes. However, at other times your lawyer will be required to help the shareholder group work through a long and tiring dispute process, but will hopefully be able to help achieve a good result.