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Content Type:
CDM Article
01 Nov 2008
Renee Garner
and
Paul Branston
discuss the legal consequences for directors of climate change policy.
The legal ins and outs of climate change
Australia is in the process of undergoing significant economic reform in response to concerns about climate change. It is not surpr...
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Content Type:
CDM Article
01 Mar 2008
The costs to companies that view compliance as an optional extra can be enormous.
David Grace
and
Andrew Corkhill
detail why a culture of compliance should become more than just rhetoric.
Profiting from compliance
The culture of business has changed substantially du...
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Content Type:
CDM Article
01 Feb 2008
An outline of some of the issues addressed by AICD’s policy department, committees and taskforces during the last month.
Australian Law Reform Commission Review of Australian Privacy Law: Discussion Paper 72
AICD recently lodged a submission with the ALRC on privacy law which supported a s...
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Content Type:
CDM Article
01 May 2007
Can a company’s constitution bind members?
– a case involving dispute resolution procedures
Can a company’s constitution bind members? – a case involving dispute resolution procedures
Section 140 of the Corporations Act (Act) is one of the critical and most important provisions which impact...
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Content Type:
CDM Article
01 Dec 2006
The new members of the board of the AICD give their views on the challenges facing directors over the next few years and how the AICD can assist its members in both keeping up-to-date with legislative changes and their duties as directors.
AICD announces new chairman and directors
The Australi...
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Content Type:
CDM Article
01 Dec 2006
Professor
Bob Baxt
provides an overview of recent court decisions affecting the role and responsibility of directors. Many of the matters examined in the Law Reporter are discussed in greater detail in The Baxt Report published by Thomson Publishing.
Getting serious abou...
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Content Type:
CDM Article
01 Nov 2006
Open disclosure
According to Leigh Warnick, a partner with Blake Dawson Waldron, the board of every listed disclosing entity must adopt and maintain an effective continuous disclosure system (CDS). A CDS must be tailored to suit an individual entity’s needs, but a best-practice CDS has four parts:
P...
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Content Type:
CDM Article
01 Nov 2006
There is an old saying that failing to plan means planning to fail. With the business environment becoming more volatile it is essential that directors engage in strategic thinking about where the company will be in three to five years time. Domini Stuart outlines why this is a vital function for di...
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Content Type:
CDM Article
01 Nov 2006
Disclosure obligations: some recent lessons
A recent judgement by the Federal Court gives some useful lessons for listed entities wanting to minimise the consequences of breaching disclosure obligations.
In 2004, ASIC started civil penalty proceedings against Chemeq Ltd, a company which produces a ...
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Content Type:
CDM Article
01 Oct 2006
Don Smallwood, Oracle’s senior director of marketing for Australia and New Zealand, outlines how efficient information management starts by recognising that data can be classified into different lifecycles.
Information lifecycle management
Although most organisations have long regarded thei...
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Content Type:
CDM Article
01 Oct 2006
News & Views
Hidden gaps in D&O insurance cover
Company directors are frequently unaware that their directors and officers policies often contain obvious and hidden gaps in cover. At the Directors and Officers Liability and Insurance Symposium in Sydney last month, the gaps were highlighted...
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Content Type:
CDM Article
01 Oct 2006
Complying in the AGM season
The annual general meeting (AGM) season is fast approaching and I thought it an opportune time to mention a couple of important compliance issues for listed companies. ASIC will be looking closely at any trends or issues emerging from the 2006 AGMs by monitoring complain...
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Content Type:
CDM Article
01 Sep 2006
Robert C. Hinkle, a partner in the global law firm Jones Day, warns Australian companies to be aware of the costs of failing to comply with US securities laws.
Breaching US security laws can be serious
Violations of the US securities laws can result in millions of dollars of civil damages and ...
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Content Type:
CDM Article
01 Sep 2006
Adapting the law
One way we may be able to help your organisation is to exempt a person or class of persons from particular provisions of the Corporations Act or to modify how particular provisions apply to a person or class of persons. Generally we vary, or set aside, certain requirements of the l...
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Content Type:
CDM Article
01 Sep 2006
Several mid-cap companies were identified in a recent survey as having excellent corporate governance. Domini Stuart discovers what is needed for companies to achieve top marks for their corporate governance efforts.
How to hit your corporate governance targets
For the last five years, Horwath...
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Content Type:
CDM Article
01 Aug 2006
Investigating assetless companies
The recently established Assetless Administration Fund (AA Fund) finances preliminary investigations of ‘assetless’ companies when it appears that further investigation and reporting may lead to us taking enforcement action. This approach uses liquidators to ensure...
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Content Type:
CDM Article
01 Jun 2006
Over 500 delegates attended the Company Directors Conference at the Sheraton Mirage on the Gold Coast in May. Delegates commented enthusiastically on the friendly environment, the frank and open debates, the high standard of the presentations and the relevant range of topics discussed during the ses...
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Content Type:
CDM Article
01 Jun 2006
Professor Bob Baxt argues that corporate regulators should be more willing to test the law in appropriate situations.
Public and private enforcement of the Corporations Act
One of the significant benefits of regulation of business activities in Australia is that the enforcement of our statutes...
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Content Type:
CDM Article
01 Jun 2006
Graham Bradley has embarked on his ‘fourth career’ as a professional director. He argues that boards need to rethink the fundamental principles of what they should be doing so as not to be overwhelmed by compliance reports. Giles Parkinson reports.
Just as busy, but less pressured
Over the las...
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Content Type:
CDM Article
01 May 2006
There is a significant distinction between the roles and responsibilities of owners and directors of small companies. As Helen McCombie points out, ignorance of the law is no defence if things go wrong.
Owning your responsibilities
When you own and run a company, it seems almost automatic t...