Unitholder Agreements

A unitholder agreement provides a clear framework for how investors or co-owners in a unit trust make decisions, manage ownership changes, and deal with funding, control, and exits. Clear terms help reduce uncertainty and support the trust or investment as circumstances change.

We help:

  • Establish clear decision-making and control arrangements
  • Manage unit transfers, funding and exits with less uncertainty
  • Reduce the risk of disputes between unitholders and trustees
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We Understand What You Are Going Through

Unit trusts are often used to hold businesses, property or investments with others. While the trust deed is important, it may not fully address the commercial expectations between unitholders or how the arrangement will operate day to day.

You may be setting up a new structure, bringing in investors, buying into an existing unit trust, or updating arrangements before a significant transaction. Questions around voting rights, trustee control, distributions, funding obligations and exit rights can become difficult if they are not addressed clearly.

We help you work through these issues in a structured and practical way, so the agreement reflects how the arrangement is intended to operate in practice and gives the parties a clear reference point as the trust evolve.

Our Services Include

  • Preparing and negotiating unitholder agreements for unit trusts
  • Reviewing existing trust deeds and unitholder arrangements for consistency
  • Advising on decision-making rights, voting thresholds, and trustee control
  • Advising on unit issues, transfers, pre-emptive rights, and exit mechanisms
  • Drafting provisions dealing with funding obligations, defaults and distributions
  • Advising on deadlock, dispute resolution, and buy-sell mechanisms
  • Updating unitholder agreements when ownership, investors, or commercial objectives change

Our Difference

Accountability & Expertise

Every matter we handle comes with full accountability. You’ll deal directly with an expert – every time, no exceptions.

In Your Shoes

Understanding your unique circumstances and goals - so our advice is practical, personal, and never given in a vacuum.

Transparency & Communication

We speak your language. That means plain, clear advice - what’s happening, why it matters, and what comes next.

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Australian Based Team
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Matters Expertly Handled
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Awards & Industry Recognition

Our Process

  1. Book Meeting
    Fill in the contact form below or call our office to book an initial consult. You can choose between in-person or video conference.
  2. Get Advice

    You’ll discuss your situation in depth with a senior lawyer. This includes exploring your requirements, goals, and desired outcomes. You’ll walk away from this meeting with a clear understanding of the next steps.
  3. Achieve Outcomes

    Our legal team will work tirelessly to achieve your desired objectives. We work hard, communicate regularly, and pride ourselves on delivering results.
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You don’t have to figure this out alone. Book an initial consult with our expert legal team and get clear answers about your situation.

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  • Rapid response
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Andrew Henshaw
Managing Director
Award Winning Law Firm – Top Specialist Firm & Top Boutique Firm (Australasian Lawyer)

Our Directors

Managing Director

Andrew Henshaw

Director

Greg Thomas

Director

Jess Hill

Director

Rajan Verma

Director

Seamus Ryan

Frequently Asked Questions
What is a unitholder agreement?
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A unitholder agreement records how unitholders in a unit trust manage their relationship with each other and, where relevant, the trustee. It commonly deals with decision-making, control, funding, transfers, exits and dispute processes.‍
Is a unitholder agreement different from a trust deed?
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Yes. A trust deed establishes and governs the trust, while a unitholder agreement usually focuses on the commercial arrangements between unitholders. The two documents should be considered together so they operate consistently.
When should a unitholder agreement be put in place?
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A unitholder agreement is often prepared when a unit trust is being established, when new investors are introduced, or before units are transferred. It is usually easier to address these issues while the parties are aligned and before a disagreement has arisen.
What issues are commonly covered in a unitholder agreement?
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Common issues include voting rights, trustee appointments, funding obligations, distributions, unit transfers, exits, defaults, deadlocks and dispute resolution. The agreement should reflect the structure of the trust and the commercial expectations of the parties involved.
Can an existing unitholder agreement be changed?
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Yes, an existing agreement can usually be updated if the required parties agree and the changes are properly documented. Reviews commonly occur when ownership changes, new investors come in, or the arrangement no longer reflects how the trust operates in practice.

Take the First
Step Today

You don’t have to figure this out alone. Book an initial consult with our expert legal team and get clear answers about your situation.

  • Transparent quotes (no ‘bill shock’)
  • Rapid response
  • Award winning team
Book Consult
4.9
85 Google Reviews
Award Winning Law Firm – Top Specialist Firm & Top Boutique Firm (Australasian Lawyer)