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Content Type:
CDM Article
01 Aug 2011
Bruce Cowley identifies some of the key director liability issues boards will need to be aware of over the next year.
Company Director (CD): What is your background?
Bruce Cowley (BC): Most of my working life has been spent as a practising lawyer with Minter Ellison and ...
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Content Type:
CDM Article
01 Aug 2011
Professor Bob Baxt believes the Centro decision will create further difficulties for non-executive directors when relying on expert advice and information dealing with complex issues involving company reports.
The decision on 27 June 2011 of Justice Middleton in ASIC v Healey [2011] FCA 71...
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Content Type:
CDM Article
01 Aug 2011
John H C Colvin discusses two key challenges for directors – getting board composition right and how far directors can rely on outside advice – and some tools available to help them tackle these.
In my role as chairman of Can Assist, a charity that assists cancer sufferers in regional NSW,...
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Content Type:
CDM Article
01 Aug 2011
A model Work Health and Safety Act is expected to be implemented across Australia by 1 January 2012. Domini Stuart investigates how it will change the OH&S landscape and how directors should prepare for it.
Australia has 10 different occupational heath and safety (OH&S) statutes – ...
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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 Jul 2010
Professor Bob Baxt
reviews a recent case that provides new insights into the meaning of “shadow directors”.
A legal spotlight on shadow directors
The Corporations Act 2001 regulates and governs the activities of formally appointed directors and officers of companies over a wide ra...
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Content Type:
CDM Article
01 Jun 2010
Given the nature of their roles, non-executive directors cannot know everything about an organisation and are heavily dependent on management for information.
Domini Stuart
investigates how directors can improve this information flow.
Removing the chinks from the informati...
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Content Type:
CDM Article
01 Jun 2010
Gabrielle Upton
reports on a recent panel discussion that focused on what will be expected of directors under new work health and safety laws.
Taking the lead in workplace safety
In December 2009, the Workplace Relations Ministers Council endorsed the Model Work Health and Safety Bil...
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Content Type:
CDM Article
01 Jun 2010
Professor Bob Baxt
examines a recent appeals case that suggests directors may owe duties to individual shareholders in certain circumstances.
A duty to one or all
A basic (and some would say trite) rule of company law is that directors owe their duty to the company, the company being the sh...
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Content Type:
CDM Article
01 May 2010
Professor Bob Baxt
reviews a recent appeals ruling that provides directors with a victory when it comes to seeking reimbursement for legal costs.
Getting legal costs back
Last year, in this column (Company Director, April 2009), we discussed the decision by Justice Flick in Motor Tra...
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Content Type:
CDM Article
01 May 2010
Why the
Company Directors Course
and its update will help you stay in touch and ahead of the pack.
Establishing director knowledge
The Company Directors Course is a comprehensive and credible learning program for directors. Our flagship program encompasses current thinking and re...
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Content Type:
CDM Article
01 May 2010
Tony Featherstone
reports on how problematic executive remuneration is becoming for directors.
The growing REM headache
The executive pay debate has focused mostly on the link between CEO pay and performance and board effectiveness in setting appropriate remu...
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Content Type:
CDM Article
01 May 2010
Former Commonwealth Bank of Australia chairman John Schubert talks to
Domini Stuart
about the challenges of being a director in Australia, board diversity and climate change.
Q&A with John Schubert
When Dr John Schubert FAICD left Melbourne University with a doctorate in chem...
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Content Type:
CDM Article
01 Apr 2010
Maurice Baroni
reviews a recent High Court case that places employers in a better position to argue, where appropriate, that it is not reasonably practicable to comply with NSW OH&S obligations.
Easing the OH&S burden
The High Court recently handed down a decision that clarifies ...
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Content Type:
CDM Article
01 Apr 2010
Tony Featherstone
discusses how proposed reforms will make due diligence easier for directors considering not-for-profit boards.
Reforming the NFP sector
Finally, real reform is being proposed for Australia’s not-for-profit (NFP) sector. After 15 years of proposals and promises, many...
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Content Type:
CDM Article
01 Apr 2010
John M Green
suggests a simple way to boost the numbers of directors contributing to the charity sector.
Cap in hand
According to the Australian Institute of Company Directors’ landmark study on the not-for-profit (NFP) sector, 60 per cent of directors sit on NFP boards. But 40 per c...
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Content Type:
CDM Article
01 Apr 2010
Gabrielle Upton
explains why a broad business judgement rule for directors could create better outcomes for companies in financial difficulty as well as their shareholders and creditors.
Safe harbour from insolvent seas
Laws to protect stakeholders in the event of insolvent trading are v...
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Content Type:
CDM Article
01 Mar 2010
With the number and costs of class actions rising in Australia,
Domini Stuart
investigates whether litigation funders should be regulated.
Should litigation funders be regulated?
Should litigation funders be regulated?
They operate like lawyers but do not have the same regulatio...
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Content Type:
CDM Article
01 Mar 2010
An outline of some of the issues recently addressed by AICD’s Policy and Advocacy team, committees and taskforces.
Policy Update
The past few months have been a productive period for the Policy and Advocacy team, which has largely focused on phoenix trading, red tape reduction measures, ins...
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Content Type:
CDM Article
01 Feb 2010
As society re-appraises the risks posed by limited liability corporations,
Steven Cole
stresses the importance of balancing the liability burden faced by directors.
Balancing the director liability burden
In 1911, Nicholas Murray Butler, president of Columbia University, said...