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Content Type:
CDM Article
01 Apr 2013
Sylvia Fernandez highlights the dangers of any unauthorised use or exploitation of confidential information.
In commercial dealings, it is not only contractual and statutory obligations to which companies and their directors need to pay attention. Equitable obligations, such as duties of ...
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Content Type:
CDM Article
01 Apr 2013
Listed companies have jumped many hurdles to improve their executive pay practices and avoid falling foul of the "two-strikes" law. Now, as Domini Stuart reports, a new wave of pay reforms are heading their way.
The second reporting season since the introduction of the "two-strikes" rule l...
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Content Type:
CDM Article
01 Apr 2013
Professor Bob Baxt reviews some recent court cases that highlight the importance of ensuring your companies have a proper culture of compliance in place.
Directors, senior managers and officers of companies in Australia (referred to as directors here) are, of course, very familiar with spec...
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Content Type:
CDM Article
01 Apr 2013
In her final column, Belinda Gibson outlines what ASIC is doing to uphold Australia’s market integrity.
It has been my privilege to contribute to this magazine for over five years, but this will be the last, as my term as the Australian Securities and Investments Commission (ASIC) deputy ch...
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Content Type:
CDM Article
01 Apr 2013
Professor Bob Baxt examines a recent court case that demonstrates how the courts are becoming more comfortable with the idea of shareholders taking derivative action against a company and its directors.
When the statutory business judgment rule (section 180(2)) of the Corporations Act 200...
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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
A monthly review of the Australian Institute of Company Directors’ policy and advocacy team’s key projects and issues.
Focus on executive remuneration Executive remuneration is back in the spotlight this month as the Government seeks feedback on its 2009 Termination Payments Act, a...
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Content Type:
CDM Article
01 Apr 2013
A monthly review of the Australian Institute of Company Directors’ policy and advocacy team’s key projects and issues.
Director Sentiment Index
Our latest Director Sentiment Index (DSI), released in April, reveals that overall director sentiment has increased 15 points on the la...
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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 Mar 2013
Far too few organisations are taking enough steps to protect one of their most valuable assets, intellectual property. Domini Stuart explains how the board can help them plug the leakage.
Ways to protect your IP:
Have regular audits to identify your IP assets
Develop poli...
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Content Type:
CDM Article
01 Mar 2013
A monthly review of the Australian Institute of Company Directors’ policy and advocacy team’s key projects and issues.
THIS MONTH:
Improving diversity through mentoring
Global leadership in board diversity
Human rights and anti-discrimination
Reform of NFP gov...
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Content Type:
CDM Article
01 Mar 2013
Praveen Gupta outlines some of the proposed reforms to corporate law that could change the way companies operate in India.
Back in the 1950s, as a young republic, India chose to tread the socialistic path. Not surprisingly, the nationalisation of the following ensued: airline industry (1...
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Content Type:
CDM Article
01 Mar 2013
Tony Featherstone believes we should give listed companies greater confidence about when to disclose price-sensitive information to the market rather than looking for temporary solutions.
No one doubts the need for a well-informed share market and giving listed companies more flexibility ...
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Content Type:
CDM Article
01 Mar 2013
Peter Kell discusses ASIC’s approach to complaints of misconduct and disputes between officeholders or members of small companies.
Setting up a business with other people is not too different from getting married. Mostly it works and sometimes it’s blissful. But often there are arguments...
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Content Type:
CDM Article
01 Feb 2013
Bruce Cowley and Steven Grant detail how the NSW Government has taken the lead in reducing laws imposing liability on directors for corporate fault.
One of the biggest issues of concern for company directors in recent years has been the explosion in the number of Commonwealth, state and t...
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Content Type:
CDM Article
01 Feb 2013
Rob Elliott outlines some of Company Directors’ policy priorities for the year ahead.
To kick off the New Year, I thought it appropriate to outline some of our policy priorities for the year ahead. These priorities reflect our conversations with you, as well as with divisional representat...
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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:
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
A monthly review of the Australian Institute of Company Directors’ policy and advocacy team’s key projects and issues.
The future of the AGM
Following the release of the Corporations and Markets Advisory Committee (CAMAC) discussion paper The AGM and Shareholder Engagement in Septembe...