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Searching Content indexed under Directors and Officers by Corrs Chambers Westgarth ordered by Published Date Descending.
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TGIF 5 July 2019: If you seek security for costs, best make sure your case is secure first
This case serves as a reminder that a funded liquidator and insolvent plaintiff may not justify an order for security.
Australia
9 Jul 2019
2
TGIF 28 June 2019: Insolvent Trading: is the privilege against self-incrimination available and how is liability split between successive directors?
An insolvent trading claim involved privilege against self-incrimination and liability split between successive directors.
Australia
2 Jul 2019
3
Executive liability in the infrastructure industry: what you need to know
These cases made compelling arguments for the personal liability of executives for offences committed by corporations.
Australia
29 Jun 2019
4
TGIF 21 June 2019: Full Federal Court finds D&O insolvency exclusion does not apply, notwithstanding administration of company
An insolvency exclusion in a D&O policy did not exclude claims against directors of a company under administration.
Australia
27 Jun 2019
5
Corporate governance and ethics post-Banking RC: could a human rights approach be the answer?
Perhaps an ethical corporate culture consistent with internationally-recognised human rights norms is a necessary model.
Australia
13 Jun 2019
6
TGIF:Champions Quarrel: Provisional liquidators appointed to protect company assets from majority shareholder
Provisional liquidators were appointed after allegations of oppressive manner towards minority shareholder and company.
Australia
31 May 2019
7
So far, so good? Considering the success of safe harbour reforms in Australia
Safe harbour protection for company directors was one of a number of restructuring reforms to relax the insolvency laws.
Australia
21 May 2019
8
Harnessing your data assets: opportunities and threats for Australian companies
Implementing best practice data governance will increasingly become a business imperative to ensure it is used ethically.
Australia
20 May 2019
9
Where will the buck stop? Attribution of wrongdoing in a post Banking Royal Commission era
Responsibility for misconduct was an overarching theme in the public hearings and in the final report of the Commission.
Australia
27 Feb 2019
10
Directors beware: Federal Court warns against diverting share trading opportunities
Discussion about recent case that continues the gradual tightening of restrictions on directors taking up external opportunities.
Australia
30 Jan 2019
11
Insights from The UN Global Forum on Business and Human Rights
The focus on the responsibility of business to respect human rights was in the context of the modern slavery discourse.
Australia
19 Dec 2018
12
A new era in Consumer Law penalties? Federal Court orders record amounts against director and corporation
The decision imposed the largest penalty orders against an individual and against a corporation, for breaches of the ACL.
Australia
17 Dec 2018
13
Responding to shareholder activism: when can directors properly delay an EGM?
Recent case provides important guidance regarding the validity of a decision by directors to postpone an EGM.
Australia
11 Dec 2018
14
You cannot rely on anyone but yourself – insolvent companies, litigation funding and security for costs
The Court awarded security for costs against plaintiff companies in liquidation, despite a litigation funder's indemnity.
Australia
6 Dec 2018
15
Assign o the times: Assigning statutory causes of action
The director could not take a valid assignment of the statutory claims, so could not be substituted into the proceeding.
Australia
16 Nov 2018
16
Piercing the corporate veil in winding up applications: Court orders non-party director to pay indemnity costs
The director was ordered to pay costs because of his conduct in opposing winding-up proceedings against his company.
Australia
6 Oct 2018
17
Examinee (still) on the run — Clarifying how liquidators can apply for arrest warrants to require directors to appear
This article considers the process that a liquidator may follow when a director fails to attend at an examination.
Australia
17 Sep 2018
18
Like Night and Day: Winding-up order set aside on application by sole director
A sole director exercised his powers to commence proceedings in the name of the company to set aside a winding up order.
Australia
25 Jun 2018
19
The substance and the gist - Can a director waive privilege on behalf of a company in liquidation?
When a liquidator is appointed, a director will lose power to manage the company and is not able to waive privilege.
Australia
6 Jun 2018
20
Left in the dark – Seeking to appoint a voluntary administrator when board relations crumble
This case was an application seeking a declaration as to the validity of the appointment of a voluntary administrator.
Australia
11 Apr 2018
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