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Content Type:
CDM Article
01 Nov 2009
States’ poor report card
Most Australian states have failed a new test that measures their “business-friendliness” from a director liability standpoint.
AICD’s new Boardroom Burden Report Card examined each state and territory’s legal regime to determine how much it imposes liability on directors, ...
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Content Type:
CDM Article
01 Oct 2009
Look before you leap
Directors cannot afford to get their D&O cover wrong, especially in the current economic climate. But Craig Claughton, NSW manager of the Financial and Professional Services Practice at Marsh, says they often fail to invest enough time in understanding how a D&O policy ...
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Content Type:
CDM Article
01 Jun 2009
Chris Townsend talks to
Tony Featherstone
about managing AIG Australia through a crisis, the lessons learned and what a surge in class actions means for D&O insurance policies.
Q&A with Chris Townsend
The global financial crisis has been hell for most CEOs, non...
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Content Type:
CDM Article
01 Sep 2008
The role of a director comes with many potential liabilities. Here’s what lawyers list as the current and emerging risks that directors need to be wary about.
Risky business
Being a director has always been a risky business. As Addisons Commercial Lawyers partner Philip Stern notes: “There is ...
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Content Type:
CDM Article
01 May 2008
Jason Howard
cautions that companies need to check their D&O cover as they expand offshore.
A litigious multinational environmentA key development in Australia’s changing corporate landscape has been rapid global expansion, both through organic growth and by acquisition. Although ...
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Content Type:
CDM Article
01 May 2008
Christian Witting
investigates whether the law requires more from some directors than others.
Different strokes for different folks
In recent years, lawyers have debated the standards of care that apply to various company directors under section 180(1) of the Corporations Act 2001 and th...
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Content Type:
CDM Article
01 Mar 2008
A surge in class actions can be expected this year. Anne Lampe reports on this shifting minefield for directors and companies.
The shifting battle ground
2008 is shaping up as the year that will be remembered by class action lawyers for vapourising any leisure time they hoped to have.
An entre...
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Content Type:
CDM Article
01 Feb 2008
Sensible checks and balances
A presentation to an AICD luncheon in Sydney late last year by the new chairman of the Australian Securities and Investments Commission (ASIC), Tony D’Aloisio, was interesting on a number of levels. D’Aloisio referred to the work that ASIC is doing in the area of retail ...
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Content Type:
CDM Article
01 Sep 2007
Letters to the Editor
A number of issues raised in the article, ‘A National Scheme in the Making’ (Company Director, July 2007), require clarification.
The article suggests Comcare provides a licensee with the option of insurance or self insurance. This is not the case. The...
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Content Type:
CDM Article
01 Aug 2007
Do the numbers add up? If you are not sure, then it may be time to brush up on your financial literacy.
Learning the language of numbers
Standards for financial literacy, just like language literacy, tend to rely a lot on who is doing the judging. However, when it comes to reading the figures,...
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Content Type:
CDM Article
01 Apr 2007
The Australian Securities and Investment Commission (ASIC) recently commenced civil proceedings against a number of former directors and former executives of James Hardie. This case will undoubtedly raise – and hopefully answer – many questions in relation to directors’ duties and responsibilities. ...
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Content Type:
CDM Article
01 Dec 2006
Maurice Baroni, senior associate workplace relations at Clayton Utz, discusses a landmark case in NSW that threatens to change directors’ liabilities under OHS regulations. It could also set a precedent for directors in other states.
A wake-up call for directors
A key question of liability tha...
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Content Type:
CDM Article
01 Sep 2006
A review currently being conducted into the Commonwealth criminal justice system has significant implications for directors as it will re-assess the adequacy of penalties for corporations as well as individuals. Kevin Forde summarises the AICD’s submission.
Review of criminal penalti...
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Content Type:
CDM Article
01 Sep 2006
An outline of some of the issues addressed by AICD’s policy department, committees and taskforces over the last month.
Policy Update
New South Wales Occupational Health & Safety Amendment Bill 2006
WorkCover has released the New South Wales Occupational Health & Safety Amendment Bill ...
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Content Type:
CDM Article
01 May 2006
David Gonski AO argues that the Corporations Act should differentiate between not-for-profit corporations and companies involved for profit to promote corporate social responsibility.
Not-for-profit organisations need legal encouragement
Over the last 10 years, and particularly in the last...
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Content Type:
CDM Article
01 Feb 2006
A hard act to swallow
New industrial manslaughter laws have provided a sobering reminder of the personal liability issues directors must negotiate as a consequence of Australia’s current patchwork of state-based legislation. Domini Stuart explores the legislative minefield.
Regulation is a huge drai...
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Content Type:
CDM Article
01 Nov 2005
Increasing the load
When the Parliamentary Secretary to the Treasurer, Chris Pearce, announced on October 12 that there would be reforms to Australian insolvency laws, the first since the Harmer Report in the early 1990s, he also indicated that he would be referring the matter to the Corporati...
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Content Type:
CDM Article
01 Oct 2005
Between a rock and a hard place
D&O insurance is a tricky business at the best of times – and court rulings on these issues make it even harder says Ali CromieDirectors seeking a realistic picture of the effectiveness of their D&O liability insurance policies can piggyback on an...
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Content Type:
CDM Article
01 Jul 2005
Overloaded and oversize heavy vehicles, with inadequately restrained loads, are a risk to all. But heavy vehicle legislation in Victoria and NSW will hold everyone in the supply chain legally liable. If you consign goods on a heavy vehicle, pack or load those goods, drive the goods or you are the de...
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Content Type:
CDM Article
01 Jul 2005
An outline of some of the issues addressed by AICD’s policy department, committees and taskforces over the past month:
The members' voice
An outline of some of the issues addressed by AICD's policy department, committees and taskforces over the past month:
Road Transport Laws...