- Transparent & Fixed Fee Pricing Packages
- Fanatical Client Communicators
- Results & Outcomes Focused
- Provide Our Clients Relief & Peace of Mind
- Approachable Experts & Advisors
A shareholder agreement is one of the most important documents your company will ever have. It governs the relationship between shareholders, sets clear expectations, and provides a framework for resolving disputes before they escalate into costly legal battles.
Without a properly drafted agreement, your business is exposed to significant risk. Disagreements over profits, roles, decision-making, or the sale of shares can tear a company apart — and without a clear legal framework in place, the courts become the arbitrator.
At New Wave Law, our Gold Coast commercial lawyers draft clear, comprehensive shareholder agreements that are built around your specific business structure, goals, and relationships — not generic templates copied from the internet.
Don’t wait for a dispute to discover what you should have had in writing from day one.
Shareholder disputes are among the most expensive and disruptive legal battles a business can face. A well-drafted agreement establishes clear decision-making procedures, dispute resolution processes, and exit mechanisms — so conflicts can be resolved without destroying the business or your relationships. The legal fees from a single unresolved shareholder dispute can far exceed the cost of a properly prepared agreement.
Your share of the business represents years of hard work and financial investment. A shareholder agreement protects your stake by defining share transfer restrictions, pre-emptive rights, and anti-dilution provisions — ensuring your interest can’t be undermined by the actions of other shareholders. It also sets out how shares are valued for any buy-out, preventing disputes over what a stake is actually worth.
Ambiguity is the breeding ground for disagreement. A shareholder agreement defines each party’s roles, responsibilities, and expectations from day one — including voting rights, dividend policies, confidentiality obligations, and what happens when a shareholder wants to exit the business. When everyone is aligned from the outset, the business runs more smoothly and professional relationships are preserved.
Every shareholder agreement we draft is tailored to your specific business. These are the key areas we ensure are clearly addressed, drafted to protect all shareholders and avoid future ambiguity.
Classes of shares, ownership percentages, share issuance, valuation methods, and capital contribution obligations.
Right of first refusal provisions, restrictions on who can acquire shares, and drag-along / tag-along rights.
Ordinary vs. special resolutions, deadlock-breaking mechanisms, board composition, and reserved matters requiring unanimous consent.
How and when profits are distributed, shareholder loan arrangements, and financial reporting obligations between shareholders.
Restraint of trade provisions, IP ownership and licensing, protection of confidential business information and trade secrets.
What happens if a shareholder wants to leave, retires, passes away, or becomes incapacitated — including buy-out mechanisms and valuation formulae.
Structured mediation and arbitration processes, deadlock-breaking procedures, and clearly defined pathways to resolution before litigation becomes necessary.
Book a free initial consultation with one of our commercial lawyers. We’ll assess your needs and recommend the right structure.
A straightforward, transparent process designed to get your agreement drafted and executed as efficiently as possible.
We meet with all shareholders to understand your business structure, relationships, and goals. This helps us identify key risk areas and the specific provisions your agreement needs to include. There's no obligation and no cost for this first meeting.
Our lawyers draft a comprehensive agreement tailored specifically to your business. We don't use generic templates — every clause is considered in the context of your specific circumstances, business type, and future plans. You'll receive a clear, plain-English draft with a breakdown of each key provision.
We walk you through every section of the draft, explain what each provision means in plain English, and work through any points of negotiation between shareholders until everyone is comfortable with the final document. We're experienced mediating these conversations.
Once finalised, we manage the execution process and ensure the agreement is properly stored and accessible. We also provide ongoing support to help you interpret and implement the agreement as your business grows, new shareholders join, or circumstances change over time.
We’re Gold Coast commercial lawyers who combine deep legal expertise with a genuine commitment to understanding your business. Here’s what sets us apart from other firms:
Structured mediation and arbitration processes, deadlock-breaking procedures, and clearly defined pathways to resolution before litigation becomes necessary.
We explain every provision in clear, plain language so you understand exactly what you're signing, what it means, and why it matters to your business.
We offer fixed fee arrangements for shareholder agreement drafting so you know the cost upfront — no hourly surprises and no bill shock.
Based on the Gold Coast with the expertise to handle complex commercial matters for businesses of all sizes across Queensland and nationally.
We invest in understanding your business for the long haul — not just the current transaction. Our clients return to us as their business evolves and grows.
A shareholder agreement is a legally binding contract between the shareholders of a company that governs how the business is run, how shares are dealt with, and how disputes are resolved. While not legally required in Australia, operating without one is a significant risk. Without an agreement, shareholder relationships are governed only by the Corporations Act and your company’s constitution — which may not reflect your specific intentions and can leave major gaps in protection. A well-drafted shareholder agreement provides clarity, prevents disputes, and protects everyone’s interests from day one.
The cost depends on the complexity of your business structure and the number of shareholders involved. We offer fixed fee options for straightforward shareholder agreements so you know the cost upfront. More complex structures may be billed on a time-cost basis. We always provide a clear fee estimate after your initial consultation before any work begins. When you consider the potential cost of a shareholder dispute without an agreement in place, a properly drafted agreement is one of the most cost-effective investments your business will ever make.
Yes. Shareholder agreements should be reviewed and updated as your business grows and circumstances change — for example, when a new shareholder joins, when the business pivots, or when the existing agreement no longer reflects the shareholders’ intentions. We regularly review and update existing agreements for clients and can advise on whether your current agreement provides adequate protection. It’s far easier to update an agreement proactively than to litigate ambiguous terms during a dispute.
A company constitution is a public document registered with ASIC that sets out the internal governance rules of the company. A shareholder agreement is a private contract between shareholders that operates alongside the constitution. The two documents serve different purposes and should complement each other. A shareholder agreement can include provisions that aren’t appropriate for a public document — such as buy-sell mechanics, profit distribution arrangements, and dispute resolution procedures — making it an essential companion to your constitution.
Absolutely — in fact, two-shareholder businesses are often most at risk without an agreement. With a 50/50 split, a deadlock on any decision can bring the business to a standstill with no clear path forward. A shareholder agreement for a two-person business should specifically address deadlock resolution, what happens if one party wants out, and how the business is valued for a buyout. We draft many agreements for small businesses and sole-director companies, and the cost is typically very accessible relative to the protection it provides.
Don’t leave your business partnerships to chance. Work with New Wave Law to create a shareholder agreement that protects your interests and sets your business up for success.
