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Content Type:
CDM Article
01 Apr 2013
Christopher Niesche provides some tips to help SME directors walking the blunt and blurry line between solvency and insolvency.
It’s truly frightening when you’re going through it, says Paul Cooper of entering what receivers call "the twilight zone".
"It’s very intense – it consumes v...
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Content Type:
CDM Article
01 Apr 2013
1949 - 2013
The Australian Institute of Company Directors was saddened to hear of the death of Dr Chris Peters AM FAICDLife in Canberra in late February.
Peters was a life fellow of the Australian Institute of Company Directors, having been recognised for his service to the organisati...
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Content Type:
Policy Submission
13 Mar 2013
On 13 March 2013, the Australian Institute of Company Directors, at the request of ASIC, provided additional comments in regard to ASIC Consultation Paper 185 – Litigation Schemes and Proof of Debt Schemes - Managing Conflicts of Interest.
We responded to the following two questions posed by ASI...
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Content Type:
CDM Article
01 Mar 2013
Professor Bob Baxt explains how the courts are getting tougher on “white collar” crime and advises directors to ensure they understand their legal obligations, especially the prohibitions against insider trading.
There is little doubt that increasing focus is being placed on the performan...
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Content Type:
CDM Article
01 Feb 2013
Professor Bob Baxt summarises the messages sent by the NSW Court of Appeal in its recent judgment on penalties for James Hardie’s former directors.
On Sunday evening 11 November 2012, the eve of the New South Wales Court of Appeal penalty decision in Gilfillan v ASIC [2012] NSWCA 370 invo...
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Content Type:
CDM Article
01 Feb 2013
John M Green applauds our corporate regulator’s successes on insider trading.
Back in the Wild West, before the global financial crisis (GFC), insider trading and market manipulation were thought rampant. But not today, thanks to the efforts of the Australian Securities and Investments Co...
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Content Type:
Director Q and A
31 Jan 2013
Insider trading is the trading of securities while in possession of information which is not generally available and this is prohibited within the Corporations Act. This Q&A discusses what activities are prohibited, the various exceptions, and the penalties for individuals convicted of insider t...
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Content Type:
CDM Article
01 Dec 2012
Andrew Griffiths identifies some of the key challenges audit and risk committees may face in 2013.
As continuing economic volatility converges with sweeping regulatory change and an expanded focus on financial reporting, directors on audit and risk committees are likely to experience even...
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Content Type:
CDM Article
01 Dec 2012
The recent Fortescue Metals court decision may be a relief for directors, but Professor Bob Baxt says it provides them with no new answers about Australia’s continuous disclosure regime.
The High Court of Australia is, of course, the last resort for Australians wishing to challenge legal ...
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Content Type:
CDM Article
01 Nov 2012
Following the Fortescue judgment and ASX’s release of proposed revisions to a listing rule and guidance, Belinda Gibson provides some tips on how directors should tackle their continuous disclosure obligations.
The continuous disclosure obligations of companies, and their directors, have ...
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Content Type:
CDM Article
01 Nov 2012
James Scovell led the team that successfully defended Andrew Forrest in his six-year battle against Australia’s corporate regulator. Here, he talks about the intricacies of the Fortescue case and the lessons directors can learn.
Like most long-running matters, this case was incredibly com...
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Content Type:
CDM Article
01 Nov 2012
Zilla Efrat reports on the many boardroom lessons from the courtrooms discussed at the Essential Director Update.
"We can all learn from the misfortunes of our fellow directors," observed Alan Cameron AO FAICD as he launched into his address at the Essential Director Update in Sydney last...
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Content Type:
CDM Article
01 Oct 2012
Professor Bob Baxt reviews a recent case where the court did not approve a settlement reached by ASIC and AWB’s former CFO.
The Australian Securities and Investments Commission (ASIC), in common with other regulators and particularly the Australian Competition and Consumer Commission (ACC...
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Content Type:
CDM Article
01 Oct 2012
Reece Walker examines whether crowd funding is a viable source of capital or plagued by too many issues to make it worthwhile.
Crowd funding has come a long way from its origins of backing struggling rock bands. It has proven a highly successful vehicle to raise funds for disaster relief,...
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Content Type:
General
21 Sep 2012
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.
...
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Content Type:
The Boardroom Report
05 Sep 2012
More work needed on revised NFP Bill, Survey reveals concerns about directors' financial literacy, New guide provides clarity for boards and audit committees, ACSI's watch list for this AGM season, ASIC's guidance on crowd funding
More work needed on revised NFP Bill
The A...
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Content Type:
CDM Article
01 Sep 2012
Greg Medcraft talks to Zilla Efrat about how ASIC is becoming more proactive and transparent in an ever more complex corporate regulatory environment that has been reshaped by the GFC, increasing globalisation and technology innovations.
Greg Medcraft has had plenty of time to find his fe...
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Content Type:
CDM Article
01 Jul 2012
Belinda Gibson outlines ASIC’s concerns about “dark” markets and manipulative automated trading programs that use badly written algorithms.
Stock markets are the engine room for economic growth. They match companies needing to raise capital to grow their businesses with investors wishing ...