Conflicts of interest Results

This page outlines a collection of information on our website regarding conflicts of interest.  You can refine these search results using the options provided in the left-hand menu.

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Showing results 1-20 of 58
  • 01 Mar 2014

    Draft your pleadings with care

    Professor Bob Baxt reviews a recent court case that highlights why it is vital to draft your pleadings carefully to obtain the best outcome when a breach of duty or the oppression remedy can be established. Often when corporate disputes occur, especially when family companies are involved, allega...

    Content Type: CDM Article

  • 01 Mar 2014

    Where does Australia sit in the world of whistleblowing

    A survey by Griffith University found that while 80 per cent of Australian employees feel personally obliged to blow the whistle on wrongdoing in their organisations, only 49 per cent felt their managers would be serious about protecting them – and only 33 per cent of federal public serva...

    Content Type: General

  • 01 Jun 2013

    Regulating litigation funders

    John Price explains why new guidance was necessary to regulate and manage conflicts of interest in litigation funding. In 2006, the High Court confirmed the legality of litigation funding in Australia when it held that third-party funding was not contrary to public policy or an abuse of p...

    Content Type: CDM Article

  • 31 Jan 2013

    Types of Directors

    Directors are known by a variety of names but they all have the same duties and responsibilities regardless of their title. In this Q&A we run through the roles of several types of directors including alternate director, chairman, de facto director, executive director, independent director, lead...

    Content Type: Director Q and A

  • 21 Sep 2012

    Submission to ASIC on Managing Conflicts of Interest in Litigation Schemes

    This submission to ASIC is in relation to Consultation Paper 185 – Managing Conflicts of Interest in Litigation and Proof of Debt Schemes. Company Directors has previously voiced concerns about the impact of complex class action litigation on companies, directors and Australia’s productivity. ...

    Content Type: General

  • 01 Sep 2012

    Policy Update

    A monthly review of the Australian Institute of Company Directors’ policy and advocacy team’s key projects and issues. ACNC Bill Update On 15 August, the House of Representatives Standing Committee on Economics released its report entitled: Report on the Exposure Draft of the Au...

    Content Type: CDM Article

  • 20 Jul 2012

    Submission to APRA on draft prudential standards for superannuation

    This submission to the Australian Prudential Regulation Authority (APRA) is in response to the draft prudential standards for superannuation and APRA’s “Response to Submissions”, which were released on 27 April 2012. In the submission, we focus on particular issues in the foll...

    Content Type: Policy Submission

  • 01 Feb 2012

    Sunlight in an area of uncertainty

    Professor Bob Baxt discusses a recent court case that examined whether a director was in breach of his duties when he took up an opportunity rejected by his company.  Readers of this column will know that our law provides that directors should not allow a conflict of duty and interest to ...

    Content Type: CDM Article

  • 15 Nov 2010

    Submission on Medicare Locals Discussion Paper on Governance and Functions

     On 15 November 2010, the Australian Institute of Company Directors wrote to the Department of Health and Ageing in response to a Discussion Paper “Medicare Locals - Discussion Paper on Governance and Functions”. The submission set out our views on various governance aspects of Medicare Locals. In p...

    Content Type: Policy Submission

  • 01 Aug 2010

    Inside Your Institute Conflicts of interest Aug10

    Our new e-learning course, Conflicts of Interest, will help you to understand and manage them. Conflicts of interest Conflicts of interest are best thought of as an ethical problem with legal ramifications rather than a strictly legal issue. ...

    Content Type: CDM Article

  • 01 Jul 2010

    Feature A super shake up

    A series of reform proposals could shake up the superannuation industry. Janine Mace details those of interest to directors. A super shake up Likely super reforms A higher Superannuation Guarantee rate could affect remuneration practices Changes in default fund rules could affect c...

    Content Type: CDM Article

  • 01 Jun 2010

    Conference Review Should I stay or should I go

    Senior directors discussed the ins and outs of resigning from a board gracefully at the Company Directors Conference, Directorship:10 in Christchurch, New Zealand, in May. Should I stay or should I go? Like many other experienced dire...

    Content Type: CDM Article

  • 01 Apr 2010

    Directors Counsel Protecting minorities from raids

    Professor Bob Baxt reviews a government proposals paper aimed at restricting access to company registers. Protecting minorities from raids The decision of the Full Federal Court in AXA Asia Pacific Holdings Limited v Direct Share Purchasing Corporation Pty Ltd [2009] FCAFC 15 provided a ...

    Content Type: CDM Article

  • 04 Dec 2009

    Directors welcome new ASX share trading rules

    The Australian Institute of Company Directors (AICD) today welcomed proposals from the Australian Securities Exchange (ASX) on share trading by company directors and key management personnel.While a less prescriptive “if not, why not” approach, with guidelines enshrined in the ASX Corporate Governan...

    Content Type: Media Release

  • 01 Dec 2009

    Opinion Making exec pay PC

    The Productivity Commission is due to submit its final report on executive remuneration to the Government later this month. Paul Quinn explains why he believes some of its recommendations need to be reworked. Making exec pay PC The reaction to the Productivity Commission’s (PC) disc...

    Content Type: CDM Article

  • 01 Nov 2009

    ASIC Report November 09

    Michael Kingston provides some recent examples of how ASIC has used enforcement to promote good governance. Enforcing good governance The Australia Securities and Investments Commission (ASIC) and AICD share a similar goal – to achieve the highest standards of governance and directorship...

    Content Type: CDM Article

  • 01 Oct 2009

    Feature The black white and grey of conflicts of interest

    Most directors will face a conflict of interest at some time in their careers. Domini Stuart investigates how they could arise and how they should be handled. The black, white and grey of conflicts of interest Key Points Most directors will face a conflict of interest at some po...

    Content Type: CDM Article

  • 01 Sep 2009

    Directors Counsel The doctrine of equitable contribution

    Professor Bob Baxt reviews a recent case that exposes the difficulties of superimposing personal obligations in the context of a company structure. The doctrine of equitable contribution It is a trite observation that under Australian law, when a company is created, even though the compa...

    Content Type: CDM Article

  • 30 Jul 2009

    Director trading recommendations present some concerns

    Implementing recommendations to ban director share trading within arbitrary blackout periods and force disclosure of director margin loans could have a detrimental impact on the important alignment between the interests of directors and investors, the Australian Institute of Company Directors (AICD)...

    Content Type: Media Release

  • 01 Jul 2009

    Conference CDC 2009 Lessons from the corporate battlefield

    Three battle-scarred directors gave delegates at the Company Directors Conference 2009 in Cairns in June some pointers on how to navigate past common boardroom landmines. Zilla Efrat reports. Lessons from the corporate battlefield Patricia Cross Non-executive director ...

    Content Type: CDM Article