• Commercial Law

    Commercial Law

    We are business people as much as we are lawyers. We will take care of the legal documents so you can confidently run your business.
    As your business grows, its risk profile and governance challenges will change. We partner with our clients over the long term to ensure they are in the driver’s seat for success.

  • Dispute Resolution

    Dispute Resolution

    We are in your corner when the going gets tough. Having resolved over 6,500 disputes for business owners have seen it all before.

    Whether you need a skilled negotiator or a fearless litigator, we specialise in delivering commercial results when:

    Customers refuse to pay;
    Suppliers let you down; and
    Business Partners do the wrong thing.

  • Employment & Safety

    Employment & Safety

    The biggest challenge for any business owner, is managing their employees.

    A difficult employee can make you question why you got into business in the first place and be toxic to your team morale.

    We deliver proactive solutions to manage your team via employment contracts, policies and procedures as well as handling employment disputes when they arise.

  • Property & Construction

    Property & Construction

    Property is the key most wealth in Australia.  Whether you are buying, selling, leasing or developing property, you need a lawyer you can count on.

    We can advise on the whole property development process from obtaining finance to development approvals, construction and sale or leasing.

    We also act for the Master Builders Victoria and have extensive expertise in construction contracts and disputes.

  • Family Law

    Family Law

    At Taurus Legal Management we understand the unique challenges clients encounter during family disputes, especially when children are involved. Our family lawyers specialise in handling high-asset cases with a focus on protecting clients wealth, securing their family’s future, and safeguarding the best interests of their children.


How To Avoid Disputes With Your Business Partner

Do you have concerns about the conduct of your business partner?  Are you wanting to avoid a dispute with them?

In our latest video our Director, Alex Martin, shares his tips on how to best deal with the issue.

If you would like to discuss your potential business partnership dispute, please contact one of our experienced commercial lawyers at Taurus Legal Management on (03) 9481 2000 or at info@tauruslawyers.com.au.


So, if you’re having concerns about the conduct of your business partner, what do you do? That’s a question I get asked a lot and sometimes it can be sorted out easily, but sometimes it escalates into a full on dispute, which I need to help manage. So I just want to give you some tips today on how to deal with problems with business partners.

Hi, I’m Alex Martin. I’m a commercial litigation specialist and these are my No Bull Legal Tips for business owners. Okay, so if you’re having issues with your business partner, the first question is, what are your rights? Now it might seem straightforward, but it’s actually a complicated question. The first thing you need to do is look at your agreements. So look at if you have a partnership agreement, shareholder agreement, the unit trust deed, whatever the governance agreements that govern your company or business are. You need to have a look at them and look very carefully at what the rights are around voting and what the rights are around expulsion of a partner if it comes to that because if you need to expel a partner, you need to follow what it says in the agreements very carefully and very exactly. If you don’t know how to follow those steps exactly, then get some legal advice because if you don’t follow those steps, then any decision you make might not be binding. If you have a vote and make a decision in the vote, but you vote using the wrong mechanism, then that vote might not be binding so have a look at the agreements and see what they say. If you don’t have a governance agreement at all, you’ll have a company constitution at a minimum. But if you don’t have a shareholder agreement or a partnership agreement, then you need to look at what the Corporations Act allows, or the Partnership Act allows if you’re in partnership. So look at what the legislation says.

Effectively, that’ll say that that all partners need to act in the best interests of the business and if they’re acting in their own personal interest, then they’re likely to be in breach of the Corporations Act, in breach of the Partnership Act and you may have a legal claim against them. Obviously, you want to approach the partner and see if you can deal with it by negotiation but if you can’t, then you need to understand what your rights are under the agreements and under the legislation before you take any action. If you’re unsure about that, then you should get legal advice early and the earlier you get legal advice so that you know where you stand, the more likely you are to resolve these things without litigation. And if it does come to litigation, then you really want understand where you stand and what the likely outcome in litigation would be.

Certainly, the court can expel a business partner by force, but it’s very unusual. What typically happens is a proceedings issued against a business partner, then one part buys out the other or the remaining partners buy out the single partner. So you need to go and get a evaluation of the business so you know what a reasonable buyout would be and be ready to negotiate. Even if you’re in litigation, ultimately that’ll probably be settled by negotiation.

So I hope that helps. If you’ve got any questions, please message me directly. But stay at a trouble out there when you’re dealing with your business partners.

Posted by Taurus Legal Management