A shareholder agreement is only as good as the drafting. Discover how to draw out your client's real deal before you draft, then write the clauses that matter most, from control and transfers to leavers and deadlocks. You'll hear which valuation mechanisms hold up when a relationship breaks down, and strengthen your approach to advising shareholders in dispute, from oppression and derivative actions to just and equitable winding up, with litigated examples throughout. You'll leave with practical drafting strategies for your very next matter, the confidence to stress test an agreement against real-world scenarios, and the insight to guide clients through the choices throughout the shareholder life-cycle. 

Presenters

James d’Apice, Principal Lawyer, Gravamen
Admitted as a solicitor in 2008, and after a decade and a half working at other firms including as director of a national firm, James is the founder and principal lawyer of Gravamen, a leading boutique corporate law firm. Commercial litigation forms the backbone of James' practice however, over time, James has found himself increasingly providing advice on his clients' conduct outside of court. James' specialty is resolving disputes between co-owners, whether that resolution is by way of contested litigation or negotiated agreement. Practising in this area has required James to develop an expertise in the law relating to shareholder disputes, partnership disputes, and disputes between trustees and beneficiaries. James is the creator and presenter of 'Coffee and a Case Note', a series of online videos and podcast episodes that sees James summarise up-to-the-minute cases in his specialty area and present them to camera over a cup of coffee. His method combines approachability and rigour.

Rebecca Hegarty, Partner, Bartier Perry
Rebecca heads our Corporate & Commercial Group. She is a trusted advisor to clients, assisting them with their commercial policies and procedures, contract negotiations, commercial transactions, and advising them on the Personal Property Securities Act 2009 (Cth) (PPSA) and insolvency issues. Acting on behalf of subsidiaries of multinationals, large commercial enterprises, family businesses, SMEs, public companies and government agencies, Rebecca’s extensive experience enables her to help clients improve their business outcomes and achieve their commercial goals. She has worked with clients across a range of industries including manufacturing, technology, transport and logistics, education and retail. Rebecca’s approach is one that is pragmatic, agile and grounded in obtaining a clear understanding of a client’s commercial needs and objectives. Her drive, tenacity and ability to think outside the box, coupled with her approachable demeanor, makes her a valuable strategic partner to her clients.

Wynand Mullins, Senior Managing Director, FTI Consulting
Wynand Mullins is a forensic accounting expert specialising in dispute advisory, financial investigations and contentious valuations. Wynand has appeared as an expert witness in a number of courts. He has also prepared expert reports relevant to loss and damage, financial investigations and valuation matters in legal proceedings in the Federal Court of Australia, the Supreme Court of Victoria, the Supreme Court of New South Wales, Family Court of Australia, New South Wales Land and Environment Court, Grand Cayman Court and the High Court of the Hong Kong Special Administrative Region. In 2018, Wynand was engaged by Macquarie University and approved by CA ANZ to lead the successful design and delivery of the Forensic Accounting Specialisation accreditation course, launched in Australia and New Zealand. Wynand is a Chartered Accountant based in Sydney. He previously led the New South Wales forensic accounting practice of an international chartered accounting firm and has worked in forensic accounting, corporate recovery and business advisory practices in Australia, New Zealand and the United Kingdom.

Simon Griesz, Partner, Brown Wright Stein Lawyers
Simon Griesz is a Partner at Brown Wright Stein and has over the last 30 years developed in depth experience in commercial law which has been enhanced with experience in litigation and dispute resolution law. Simon acts on behalf of owner managed businesses, national companies, retail businesses and investors in various industries, including retail, property, manufacturing and financial services. He advises clients in various areas including: Mergers and acquisitions; General commercial transactions, including, shareholder agreements, joint ventures, partnerships and loan and security documents; Corporations law; Consumer protection law. Simon enjoys guiding clients to achieve their desired business goals and taking a collaborative approach, working with clients and their other professional advisers and providing them with practical solutions. He takes pride in providing quality professional advice and service to help clients to obtain practical outcomes to challenging problems and plan strategically for the future. When the GFC hit and banks got tough refusing to rollover finance for commercial property, Simon guided some of his small business clients in successfully dealing with banks that were aggressively seeking to take possession of their commercial properties. When commercial disputes arise or regulatory investigations are undertaken, Simon assists clients to reach a commercial resolution, rather than go down the path of litigation, which is expensive and time consuming for clients. His experience enables him to provide practical advice and solutions.