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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
Mark Easton explains why directors need to be mindful of their duty to act fairly between shareholders and consider carefully the effect their decisions could have on minority shareholders.
The Corporations Act 2001 provides far-reaching remedies for oppressed minority shareholders.
Direct...
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Content Type:
CDM Article
01 Mar 2013
Michael Tooma outlines the lessons Australian directors can learn from New Zealand’s Pike River Mine disaster that killed 29 miners in November 2010.
At one level, the New Zealand report, Royal Commission on the Pike River Coal Mine Tragedy, reads like so many reports before it – another ...
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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 Dec 2012
Winter Olympic gold medallist Alisa Camplin talks to Fiona Baron about the challenges of sports governance in Australia, boardroom diversity and what makes a good director.
Alisa Camplin is renowned for being the only Australian to win a medal at two Winter Olympic Games – the first with ...
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Content Type:
CDM Article
01 Nov 2012
Professor Bob Baxt reviews a recent court case that examines whether directors owe duties to creditors when insolvency looms.
The decision of the specially constituted Western Australian Court of Appeal in Westpac Banking Corporation v The Bell Group (in liq) [No. 3] [2012] WASC, delivere...
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Content Type:
CDM Article
01 Oct 2012
A review of some helpful publications on directorship, governance and boards available from the Australian Institute of Company Directors.
Directorship and boards come with very specific challenges. To help you in your role, we offer an ever-growing collection of targeted Australian and i...
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Content Type:
CDM Article
01 Jun 2012
Professor Bob Baxt examines what the recent James Hardie decision in the High Court of Australia really means for company directors.
The High Court of Australia has in two unanimous decisions (two judgments on each case – one more lengthy than the other) in effect confirmed the decision o...
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Content Type:
CDM Article
01 May 2012
John H C Colvin launches the 20th edition of Duties & Responsibilities of Directors and Officers, a must-have resource for directors trying to keep up with rapid changes in corporate law.
Do you remember the first publication you read about directors’ duties and responsibilities? If ...
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Content Type:
CDM Article
01 Mar 2012
Intellectual property is often among a company’s most valuable assets. Domini Stuart explains the dangers of not managing it as well as physical assets.
Do you know the difference between a brand name, trademark, business name, domain name and logo? That commercialising an invention too s...
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Content Type:
CDM Article
01 Feb 2012
Domini Stuart examines the challenges directors of sports boards have to tackle to build and support winning teams.
Sports board challengesA tight economy Technology Diversifying and expanding income streams Competing state and national demands Increasing legislation and com...
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Content Type:
CDM Article
01 Feb 2012
Professor Bob Baxt discusses a recent court case that examined whether a director was in breach of his duties when he took up an opportunity rejected by his company.
Readers of this column will know that our law provides that directors should not allow a conflict of duty and interest to ...
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Content Type:
CDM Article
01 Feb 2012
Directors are charged with safeguarding the future survival of their organisations. Domini Stuart investigates how they can better plan for known and unknown events that can bring a business to its knees.
Disaster recovery planning tips for directorsEnsure your systems and proc...
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Content Type:
CDM Article
01 Feb 2012
Steven Cole is the author of a white paper, Mind the Expectation Gap, which canvasses the reasons why an “expectation gap” has arisen between what directors do and what the public and law expect from them.
Non-executive directors (NEDs) play a vital role in the prudential governance of cor...
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Content Type:
CDM Article
01 Sep 2010
Dean Newlan
and
Dawna Wright
provide some pointers on how directors can help their organisations develop an anti-corruption culture.
When power corrupts
Several overseas corruption scandals in recent years have resulted in hefty fines and severe embarrassment for some of the ...
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Content Type:
CDM Article
01 Sep 2010
Directors have much to gain by using new technologies, but as
Domini Stuart
reports, they also need to be aware of the many risks.
Directorship in cyberspace
As conference centre manager at Brisbane Technology Park, Kellie Heiler is very aware of the changing role of technology ...
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Content Type:
CDM Article
01 Sep 2010
Having spent the past 34 years around the boardroom table, Kevin McCann ranks among Australia’s most experienced directors. He recently sat down with
Zilla Efrat
to discuss some of the issues faced by Australian directors.
Q&A with Kevin McCann
Kevin McCann FAI...
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Content Type:
CDM Article
01 Aug 2010
Do good things come in pairs?
Domini Stuart
investigates whether a two-tiered board would better clarify directors’ roles and responsibilities and help close the “expectation gap”.
Double trouble
A two-tiered board
May reduce NED liability
Could reset directors’ responsibilitie...
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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 Jul 2010
John Colvin
weighs into the debate of whether the expectation gap between how boards operate and what’s expected of them could be narrowed if directors’ roles were reformulated.
Great expectations
In business, we all know how important it is for any company to have appropriate and cl...