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Content Type:
CDM Article
01 Apr 2013
Andrew Yeo outlines six common liability traps that often ensnare company directors.
There are many pieces of legislation in Australia where a director has some degree of personal liability. The past decades have seen an increase in the prevalence of such legislation affecting directors’ li...
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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 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 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
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 Dec 2012
Some of the key highlights and policy priorities that shaped our agenda throughout 2013.
As 2012 draws to a close, I thought it appropriate to review some of the key highlights and policy priorities that have shaped our agenda throughout the past year. These priorities are selected for a ...
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Content Type:
CDM Article
01 Oct 2012
A monthly review of the Australian Institute of Company Directors’ policy and advocacy team’s key projects and issues.
We continued to advocate reform of onerous director liability provisions and to voice our concerns about aspects of the Australian Charities and Not-for-profits Commissio...
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Content Type:
CDM Article
01 Sep 2012
Jason Betts identifies four major lessons for directors from the growth of shareholder class action litigation and discusses how to address the risks.
The growth in class action litigation in Australia, particularly third-party funded class actions brought on behalf of shareholders agains...
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Content Type:
CDM Article
01 Sep 2012
A monthly review of the Australian Institute of Company Directors’ policy and advocacy team’s key projects and issues.
ACNC Bill Update
On 15 August, the House of Representatives Standing Committee on Economics released its report entitled: Report on the Exposure Draft of the Au...
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Content Type:
CDM Article
01 Sep 2012
Professor Bob Baxt believes the question of whether a court can order damages against a director in favour of creditors or others needs to be clarified following a recent decision.
It is useful to set out the actual terms of section 1324(10) of the Corporations Act 2001 to help readers ap...
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Content Type:
CDM Article
01 Aug 2012
A monthly review of the Australian Institute of Company Directors’ policy and advocacy team’s key projects and issues.
The governance of governments
On 20 July, our CEO and managing director John Colvin FAICD presented to the Australian Economic Forum on the topic: "How good governanc...
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Content Type:
CDM Article
01 Jul 2012
Despite much lobbying, John H C Colvin says a revised Bill, aimed at tackling phoenix company activity, still erodes the rule of law for all directors for any unpaid super entitlements, regardless of their culpability.
Just when you think real progress is being made in the area of directo...
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Content Type:
CDM Article
01 Jun 2012
A monthly review of the Australian Institute of Company Directors’ policy and advocacy team’s key projects and issues.
The reform of director liability continues to be an area of real concern for directors. The April 2012 Director Sentiment Index survey, conducted by the Australian Instit...
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Content Type:
CDM Article
01 Apr 2012
Professor Jim Galvin provides some tips on how boards can better manage their OH&S responsibilities.
The Australian minerals industry is one example of how leadership from the boardroom has been a major driver in achieving significant improvements in workplace safety over the last two...
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Content Type:
CDM Article
01 Feb 2012
A review of the Australian Institute of Company Directors’ Policy and Advocacy team’s key projects and issues in 2011.
While there is never any shortage of issues of interest to directors, we deliberately focus on those we believe offer the greatest benefit for our broad membership of mor...
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Content Type:
CDM Article
01 Feb 2012
Domini Stuart provides an update on COAG initiatives to reform the areas of director liability and occupational health and safety.
What can directors do?Paul McClintock has three suggestions for directors on how they can help further reform.Continue to monitor progress and make it cle...
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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
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 Aug 2011
Bruce Cowley identifies some of the key director liability issues boards will need to be aware of over the next year.
Company Director (CD): What is your background?
Bruce Cowley (BC): Most of my working life has been spent as a practising lawyer with Minter Ellison and ...
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Content Type:
CDM Article
01 Aug 2011
A model Work Health and Safety Act is expected to be implemented across Australia by 1 January 2012. Domini Stuart investigates how it will change the OH&S landscape and how directors should prepare for it.
Australia has 10 different occupational heath and safety (OH&S) statutes – ...