Commercial Litigation · Property & Equity

Partnership, Joint Venture & Development Disputes

When a property partnership or development joint venture breaks down, we act to dissolve it, take the accounts, and get the right money to the right parties.

  • Dissolving property partnerships and winding up development joint ventures.
  • Taking accounts — contributions, profits and proceeds held on trust.
  • Disputes over who is a partner, and on what terms.
  • Fallouts on completed developments — releasing the sale proceeds.
  • Fiduciary breaches — diverted opportunities and secret profits.
  • Fixed-fee scoping and a clear, commercial path to resolution.
Book a Consultation Call Us Now A development partner or co-venturer gone rogue?
When a joint venture stops being joint

Property Ventures That Fall Apart — and the Money Caught in the Middle

Property is often bought, developed and sold through a partnership or joint venture — two or more people, or their companies and trusts, pooling money, land and effort to build something and share the profit. It works right up until the money lands or the relationship sours.

When it breaks down — a partner stops contributing, one side claims a bigger share, someone dies mid-project, or the venture simply ends and no one can agree on the split — the law of partnership and the Court’s equitable jurisdiction govern how it is unwound. Under the Partnership Act 1892 (NSW) and in equity, a partner or co-venturer can seek a declaration that a partnership exists, an order dissolving it, the appointment of a receiver, and a full account so the assets and profits go to the right parties in the right shares.

These disputes often turn on arrangements that were never quite finalised — a handshake, a term sheet, a chain of emails — and on money sitting in a solicitor’s or agent’s trust account while the parties argue over it. An early, commercial read on who is entitled to what, and moving quickly to secure the funds and the accounts, is usually what decides the outcome.

Please note: Corporate Legal provides legal advice only — not financial, taxation or investment advice, and (for personal relationships) not family-law advice. Whether a partnership existed, and on what terms, depends on the evidence and the conduct of the parties. We help you weigh the merits and the cost; the decision to commence or defend proceedings is always yours.
A development or venture that’s fallen apart? Let’s scope it
Partnership and joint venture dispute over a property development
What we handle

The Disputes We Resolve

Existence & Terms of the Partnership

Whether a partnership or joint venture exists at all, who the partners are, and on what terms — often where nothing was ever formally signed.

Dissolution & Winding Up

Ending a partnership or joint venture and winding up its affairs — by agreement or Court order — so the venture can be properly closed off.

Taking of Accounts

A full account of contributions, drawings, profits and losses, so each party ends up with the correct share — not just an even one.

Proceeds Held on Trust

Where sale proceeds sit in a trust account pending resolution, we act to secure and then release them to the right parties in the right shares.

Death or Exit of a Partner

Disputes between surviving partners and a departing partner — or a deceased partner’s estate — over the account and the future of the business.

Fiduciary & Development Disputes

Breach of the loyalty and disclosure duties partners and co-venturers owe each other — diverted opportunities, secret profits and self-dealing.

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Who we act for

Who We Act For

Development Partners & Co-Venturers

Development Partners & Co-Venturers

People who bought and developed a site together — townhouses, units or a subdivision — and now can’t agree on the split once it’s built and sold.

  • Dissolution & winding up
  • Account of profits & costs
  • Releasing the sale proceeds
Surviving Partners & Estates

Surviving Partners & Estates

Where a partner has died mid-venture or after completion, and the surviving partners and the deceased’s estate can’t agree on the account between them.

  • Continuing or closing the venture
  • Account between the parties
  • Getting proceeds out of trust
Investors & Silent Partners

Investors & Silent Partners

People who put money or land into a venture on a promise of a share of the profit, and now need that interest recognised and paid out.

  • Proving the arrangement
  • Protecting the contribution
  • Recovering the entitlement
What to know

What You Need to Know Before You Act

01

A Partnership Can Exist Without a Contract

Sharing the profits of a joint property venture can create a partnership at law even with nothing signed. What matters is what the parties actually agreed and did.

02

Dissolution Doesn’t End the Account

Ending the venture is only step one. The real work — and the real money — is in the taking of accounts, which decides who gets what.

03

Secure the Money Early

Where proceeds sit in a trust account, moving early to secure them and prevent distribution often protects your position more than anything else.

04

Fiduciary Duties Bite

Partners and co-venturers owe each other duties of loyalty and disclosure. Diverting an opportunity or taking a secret profit can be unwound and recovered.

05

Evidence Is Everything

These disputes turn on emails, bank records, contributions and conduct. Securing that evidence early is often what decides them.

06

Death Complicates the Account — It Doesn’t Stop It

When a partner dies, the surviving partners and the estate still have to account. We identify the right parties and the correct process.

Proceeds about to be distributed? Act now
How we work

How We Resolve a Partnership or Venture Dispute

01

Fixed-Fee Scoping

Send us what you have — any agreement or emails, the development details, the trust-account position and a short history. We assess whether a partnership exists and what you’re owed.

02

Strategy & Securing the Funds

We set the strategy and, where proceeds are at risk, move quickly to secure them — by agreement, undertaking or Court order — before anything is distributed.

03

Negotiation & Mediation

Most venture disputes settle once the numbers are on the table. We negotiate the account and the split, and use mediation where it helps.

04

Proceedings, If Needed

If it won’t settle, we bring or defend proceedings in the Supreme Court (Equity Division) — declaration, dissolution, receiver and account — briefing counsel where warranted.

05

Account, Distribution & Close-Out

We see the account through, distribute the proceeds to the right parties in the right shares, and close the venture off cleanly.

Start with a fixed-fee scoping session. Book today
Why choose us

Why Choose Corporate Legal

Property + Partnership

We combine property and equity litigation with a real grasp of how development ventures actually work.

We Follow the Money

Securing and then releasing trust-held sale proceeds is central to what we do.

Commercial, Not Combative

We measure every step against the value at stake and the cost of the fight.

Fixed-Fee Scoping

A clear read on whether you have a partnership, and what it’s worth, before you commit.

Equity Court Experience

Genuine Supreme Court (Equity Division) experience in dissolution and account.

The Whole Journey

From the dispute, through the sale, to the documents that prevent the next one.

From Fallout to Final Distribution

Once the venture is dissolved and the account taken, our conveyancing and property teams can handle the sale or transfer of the development and document the structure — so the next project is built on a proper agreement, not a handshake.

FAQs

Frequently Asked Questions

Is it a partnership if we never signed anything?
Often, yes. If you shared the profits of a joint property venture, a partnership can exist at law even without a written agreement. What counts is what the parties actually agreed and did — the contributions, the sharing of profit, and the conduct over the life of the venture.
My development partner and I have fallen out — how do I get out?
You can seek to dissolve the partnership or joint venture, by agreement or by Court order, and then have a full account taken so the assets and profits are distributed. In practice a negotiated exit is often reached once the account and the numbers are on the table.
The sale proceeds are sitting in a trust account — can I stop them being paid out?
Usually yes, at least until entitlements are sorted. Moving early — by agreement, undertaking or a Court order — to secure funds held in trust is often the single most important step. If a distribution is imminent, contact us straight away.
A partner has died — what happens to the venture?
A partnership is generally dissolved by a partner’s death unless the agreement says otherwise, but the surviving partners and the deceased partner’s estate still have to account between them. We identify the right parties and the correct process to take the account and release the proceeds.
What does “taking an account” actually mean?
It’s the process — often supervised by the Court — of working out exactly what each partner contributed and drew, what profit or loss the venture made, and therefore what each party is owed. Dissolving the venture is only half the job; the account is where the money is decided.
How is this different from a co-ownership dispute?
Co-ownership (and a section 66G sale) is about people who simply own property together. A partnership or joint venture is about people who went into business together — pooling money and effort to develop and profit — which brings in partnership law, fiduciary duties and the taking of accounts. We handle both, and we’ll tell you which one you’re really in.

A property venture that’s fallen apart — with money on the table?

Get a fixed-fee, plain-English read on whether you have a partnership, what you’re owed, and how to secure it — before the proceeds are distributed.

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