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Content Type:
CDM Article
01 Sep 2012
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...
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Content Type:
CDM Article
01 Feb 2012
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 ...
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Content Type:
CDM Article
01 Aug 2010
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. ...
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Content Type:
CDM Article
01 Jul 2010
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...
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Content Type:
CDM Article
01 Jun 2010
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...
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Content Type:
CDM Article
01 Apr 2010
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 ...
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Content Type:
CDM Article
01 Dec 2009
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...
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Content Type:
CDM Article
01 Nov 2009
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...
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Content Type:
CDM Article
01 Oct 2009
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...
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Content Type:
CDM Article
01 Sep 2009
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...
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Content Type:
CDM Article
01 Jul 2009
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 ...
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Content Type:
CDM Article
01 Jul 2009
Swimming between the flags
The market downturn has highlighted how exposed many Australian retail investors are to flawed business models and failed investments. In too many cases this has caused them devastating financial losses.
There are many dimensions to poor financial outcomes for retail inve...
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Content Type:
CDM Article
01 Aug 2008
There’s no hiding behind the title of advisor.
Ben McLaughlin
and
Antonia Abelson warn that being on an advisory board may come with fiduciary obligations.
The dangers of advisory boards
We predict a growing trend in Australia for people to be invited to join an advisory...
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Content Type:
CDM Article
01 Feb 2008
AICD’s WA division president,
Fiona Harris
, discusses why there’s no room for diversity of values in the boardroom.
No compromise on values
When I started out on the road to being a director, I remember reading about the Old Boys Club from which most directors were dra...
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Content Type:
CDM Article
01 Jul 2007
Two new AICD learning programs,
The Executive Director
and The Executive Board , have been launched to help executive directors and executive boards tackle their unique challenges.
Australia’s forgotten director
As Australian public companies have moved towards boards consisting of non-e...
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Content Type:
CDM Article
01 Apr 2007
Takeover offers often give rise to significant conflicts of interest for senior management. Colin Galbraith examines the issues these situations give rise to for directors.
Changing control can cause conflicts
Conflicts of interest and duty affecting directors and senior management in corporat...
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Content Type:
CDM Article
01 Dec 2006
With the legal and business environment changing rapidly, directors need to continually update their knowledge concerning their legal duties and responsibilities. Here is a quick test to determine whether you need a refresher course on current director duties and responsibilities.
20 questions...
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Content Type:
CDM Article
01 Nov 2006
Charles Beelaerts examines some issues for directors who are faced with an offer by management to take over the company. In particular directors must be aware of potential conflicts of interest.
The in and outs of management buy-outs
A management buy-out (MBO) is an arrangement whereby t...
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Content Type:
CDM Article
01 Oct 2006
Directors need to be aware that their share buying and selling activities may arouse suspicions of insider trading. But as Domini Stuart found, directors of growing companies often find themselves with few ‘windows of opportunity’ to either buy or sell shares.
Buying your way into trouble
T...
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Content Type:
CDM Article
01 Oct 2006
As the responsibilities of company directors come under increased scrutiny, Middletons’ partner Adam Levine says ‘grey directors’ need to ensure all the checks and balances are in place if they are involved with the operations of a traditional special purpose vehicle.
Grey directors need to ser...