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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
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 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 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 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
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
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
The global financial crisis brought Australia’s insolvency laws back into the spotlight. Towards the end of last year, AICD and PPB hosted a discussion on whether these laws were adequate and why urgent reform was required.
Viewpoint
Australian businesses enjoyed a period of sustained economi...
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Content Type:
CDM Article
01 Dec 2009
Professor Bob Baxt
argues that MINCO’s recently released principles governing director liability are a step in the right direction, but do not go far enough.
Not far enough
The announcement on 6 November by the Minister for Corporate Law Chris Bowen that the Ministerial Council for Corpo...
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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 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 Nov 2009
At the end of September, AICD and Teradata hosted a discussion on how directors can ensure they get good quality information that facilitates effective boardroom decision-making.
Effective boardroom information
Boards make vital decisions every day, from whether a company is a going concern an...
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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 Aug 2009
The chair of the new Safe Work Australia Council talks to
Tony Featherstone
about the direction of OH&S law in Australia and how directors can step up to the challenges.
Q&A with Tom Phillips
Few topics are as important for company directors as occupational health and saf...
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Content Type:
CDM Article
01 Aug 2009
Domini Stuart
investigates whether the rewards still outweigh the risks of being a non-executive director.
Is it worth being a NED?
Key points
Personal liability and reputational risks of being a NED are high
D&O insurance costs are rising and conditio...
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Content Type:
CDM Article
01 Jun 2009
Rick Lee talks to
Zilla Efrat
about why he chose independent directorship as his third career and the challenges faced in the downturn.
Rick Lee’s third career
Rick Lee FAICD is busily enjoying his third career in life – being an independent director. He is chairman of Salmat and...
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Content Type:
CDM Article
01 May 2009
Gabrielle Upton
was a panellist for a discussion on director liability at the Clayton Utz 12th
Risky Business
conference. She reports on the highlights of the discussion.
Director liability in the eye of the storm
Clayton Utz’s annual Risky Business conference held on 31 Ma...