Legal Advice for Public Examination Notices

Facing a public examination notice can be unsettling for any company director. Whether ASIC is seeking sworn answers or a liquidator is examining past transactions, you need straightforward legal support. Our Melbourne team guides you through every stage, helping you meet your obligations, organise your records and prepare for examination without unnecessary stress.

What a Public Examination Notice Requires

A public examination notice compels directors to answer questions under oath and hand over relevant company documents. You will learn exactly which records to gather, how to claim legal privilege and what lines of inquiry you can expect—from board resolutions to related-party dealings. Clear guidance on these fundamentals prevents surprises and gives you a firm grasp of the process.

Tailored Support for ASIC Inquiries

When ASIC uses its powers under the Corporations Act to investigate possible breaches, timing and accuracy are critical. We work with you to:

• Understand the limits of what ASIC can request
• Build an organised document bundle for quick reference during questioning
• Liaise with ASIC officers to agree on realistic timeframes

Our practical advice ensures you comply promptly while protecting sensitive information and your personal exposure.

Preparing Directors for Liquidator Examinations

In external administrations, liquidators often call directors to explain asset movements, invoices or insolvent trading concerns. We help you by:

• Reviewing board minutes, financial statements and email exchanges to form a clear timeline
• Crafting concise talking points that focus on facts and context
• Conducting mock examinations so you’re comfortable with the courtroom atmosphere

This preparation gives you the confidence to present a consistent, credible account under oath.

A Simple Roadmap to Readiness

Rather than lengthy checklists, you receive a concise preparation plan:

• Collect all requested records in a secure online folder
• Flag communications or documents covered by privilege
• Draft a short narrative of key events for quick review
• Practice core questions in a coaching session with your lawyer
• Final review with counsel before you appear

This structured approach keeps your focus sharp and your stress levels low.

Why Directors Choose Our Melbourne Team

Directors rely on us because we combine local insight with hands-on support:

• Direct access to a senior lawyer who knows your business and your case
• Plain-language advice you can share with your board
• Proven success in hearings
• Real-time updates via a secure client portal so you are never left guessing

No matter how complex the examination, we stand by your side from the first notice to the final question.

Protect your reputation and your position with clear, practical legal advice. Contact our office in Melbourne today for a confidential discussion about public examination notices from ASIC or liquidators.

Protect your reputation and your position with clear, practical legal advice. Contact our office in Melbourne today for a confidential discussion about public examination notices from ASIC or liquidators.

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Corporate Oppression & Shareholder Disputes

At Rizks Law Firm we specialise in guiding Australian companies and stakeholders through the complexities of corporate oppression and shareholder disputes. Backed by deep expertise in the Corporations Act and a proven track record, our team delivers pragmatic solutions that safeguard your interests and preserve business value.

What Is Corporate Oppression?

Corporate oppression arises when a company’s affairs are conducted in a manner that is burdensome, harsh or wrongful to certain members, often minority shareholders. Under Section 232 of the Corporations Act 2001 (Cth), courts will find oppression where conduct is:

  • Contrary to the interests of members as a whole

  • Oppressive to, unfairly prejudicial or unfairly discriminatory against a member or members of the company

Section 233 empowers the court to make broad orders, including share buy-outs, constitution amendments or even winding up the company.

What Constitutes Shareholder Disputes?

Shareholder disputes can take many forms, typically involving:

  • Deadlocks between equal shareholders or factions

  • Breach of shareholder agreements or company constitution

  • Exclusion from management or decision-making

  • Denial of dividends or access to financial records

  • Self-dealing transactions that advantage some shareholders over others

Not every disagreement amounts to oppression. It must cross an objective commercial threshold of unfairness or prejudice as determined by the courts.

Our Core Services

  1. Oppression Claims & Remedies

    • Advise on grounds of oppression under Section 232

    • Draft and file court applications for relief

    • Negotiate share buy-outs, restructure agreements or, if necessary, winding up orders

  2. Shareholder Dispute Resolution

    • Mediation and negotiation tailored to shareholder agreements

    • Commercial litigation and court advocacy under Sections 232–233 and Section 461

    • Pre-emptive risk assessments to avoid disputes emerging

  3. Constitution & Agreement Reviews

    • Draft and amend shareholder agreements to embed clear exit and dispute-resolution clauses

    • Advise on directors’ duties and corporate governance best practices

  4. Valuations & Financial Analysis

    • Obtain independent share valuations

    • Model financial remedies to support negotiation or court proceedings

Our Process

  1. Initial Assessment
    We review the company’s constitution, shareholder agreements and dispute history.

  2. Strategy Workshop
    We map out your objectives, risk appetite and timeline—whether you aim for a negotiated buy-out or court order.

  3. Engagement & Negotiation
    We draft correspondence, engage opposing parties, and, where suitable, lead mediation.

  4. Litigation & Enforcement
    If negotiation stalls, we prepare and file oppression or winding-up applications, represent you in court, and enforce orders.

Frequently Asked Questions

Who can bring an oppression claim?
Current or former shareholders, directors, and certain other persons with an interest in the company’s shares can initiate proceedings under the Act.

What remedies can the court grant?
The court can order share buy-outs, constitution amendments, regulation of future conduct, winding up the company, or any other remedy it considers appropriate.

How long do oppression proceedings take?
Timelines vary by complexity, but streamlined processes in many jurisdictions aim to resolve small-company oppression claims within 6–12 months.

Beyond the cliche

Our law firm focuses on bringing purpose to the advice we offer, and confidence to the people who rely on us to deal with their legal disputes. Legal advisors with insight. A.I. client matter management informed by the human perspective.

Enhance Your Outcomes

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