Article Search Results

• Doubtful Justice CEO Report

  Content Type: CDM Article

  01 Aug 2005

  Every graduate of the Company Directors’ Course knows that a director must act "in good faith and for a proper purpose". It’s the law, and only sensible, as directors often have access to privileged information. It means, among other things, that directors must not use knowledge they gain from their...

• The members voice AICD Review

  Content Type: CDM Article

  01 Aug 2005

  An outline of some of the issues addressed by AICD’s policy department, committees and taskforces over the past month follows: The members' voice An outline of some of the issues addressed by AICD's policy department, committees and taskforces over the past month follows: Relationship between ac...

• Appeasing everyone satisfying no one AICD Review

  Content Type: CDM Article

  01 Jul 2005

  Managing shareholder activism "requires directors to recognise the company stakeholders, communicate with them effectively and communicate with the company as a whole", says Michael Parshall, a partner at law firm, Clayton Utz. Appeasing everyone - satisfying no one? By Ali Cromie* Managing shar...

• The members voice AICD Review

  Content Type: CDM Article

  01 Jul 2005

  An outline of some of the issues addressed by AICD’s policy department, committees and taskforces over the past month: The members' voice An outline of some of the issues addressed by AICD's policy department, committees and taskforces over the past month: Road Transport Laws...

• Early Warner Class actions on the rise Law Reporter

  Content Type: CDM Article

  01 Jul 2005

  In two separate developments during the last week of June, lawyers representing plaintiffs in the corporate and trade practices areas have signalled that they are prepared to utilise class (or representative) actions in seeking damages (or similar relief) on behalf of their clients in relation to tw...

• Choosing between differing accountancy standards LAw Reporter

  Content Type: CDM Article

  01 Jul 2005

  As Australia develops a closer affinity with an international regime of accounting regulation (the Government requires Australian companies to comply with international accounting standards), companies which do not necessarily find the international climate completely to their liking, will face the ...

• Road transport liability dangers AICD Review

  Content Type: CDM Article

  01 Jul 2005

  Overloaded and oversize heavy vehicles, with inadequately restrained loads, are a risk to all. But heavy vehicle legislation in Victoria and NSW will hold everyone in the supply chain legally liable. If you consign goods on a heavy vehicle, pack or load those goods, drive the goods or you are the de...

• The members voice AICD Review

  Content Type: CDM Article

  01 Jun 2005

  An outline of some of the issues addressed by AICD’s policy department, committees and taskforces over the past month follows: The members' voice An outline of some of the issues addressed by AICD's policy department, committees and taskforces over the past month follows: ...

• New offence for workplace deaths AICD Review

  Content Type: CDM Article

  01 Jun 2005

  The NSW Government plans to impose severe penalties on persons whose reckless conduct causes the death of a person at work. As Maurice Baroni* writes, employers and employees could face a maximum penalty of five years’ imprisonment or a $165,000 fine - or both New offence for workplace deaths The D...

• Neither forgive nor forget Law Reporter

  Content Type: CDM Article

  01 Jun 2005

  In last month’s Law Reporter we commented on the New South Wales Court of Appeal decision in Forge v Australian Securities and Investments Commission which, among other things, suggested - indeed decided - that shareholders could not forgive directors of a company of a breach of statutory duty impos...

• The role and duties of company officers Law Reporter

  Content Type: CDM Article

  01 May 2005

  When Justice Neville Owen was completing his report into the collapse of the HIH insurance company one of the critical questions he faced was whether the Corporations Act and the general law relating to the activities of company directors and officers should be revisited to place a greater burden of...

• The members voice AICD Review

  Content Type: CDM Article

  01 May 2005

  Some of the issues addressed by AICD’s policy department, committees and taskforces over the past month The members' voice Some of the issues addressed by AICD's policy department, committees and taskforces over the past month ASA Exposure Draft - 'Shareholders' Expectations'...

• Dont change the duties CEO Report

  Content Type: CDM Article

  01 May 2005

  Australian companies are governed by the Corporations Act of 2001. This Act is a descendant of the great British Joint Stock Companies Acts of the mid-19th century and in turn of concepts centuries older. Don't change the 'duties' The duties of directors are the very heart of the free market system...

• Is the Business Judgment Rule being whittled away AICD Review

  Content Type: CDM Article

  01 May 2005

  The celebrated "safe harbour" for diligent directors appears dead in the water, according to legal experts and company directors. Lawyer Sibylle Krieger says, given the fanfare which greeted introduction of the Business Judgment Rule in to the Corporations Act in 2000, "you may be surprised to hear...

• Playing safety OHandS

  Content Type: CDM Article

  01 Apr 2005

  Safety and occupational health has increasingly moved from an issue at the workplace to a political issue at government level. But, as Peter Wagner* explains, no amount of legislation will replace the need to create a safety culture within the corporation OH&S Playing safety Safety and occup...

• Significant changes to the Trade Practices Act Early Warner

  Content Type: CDM Article

  01 Apr 2005

  This month’s Early Warner actually contains two topics. This is because of two separate developments which it is important for directors to note. Significant changes to the Trade Practices Act This month's Early Warner actually contains two topics. This is because of two separate developments whic...

• Jail time for directors price fixers beware Early Warner

  Content Type: CDM Article

  01 Mar 2005

  The announcement by Treasurer Peter Costello that he had finally accepted the proposal that the Trade Practices Act should be amended to include jail terms for directors and officers of companies which have engaged in "cartel conduct" (a term yet to be properly defined) will finally bring Australian...

• Workplace Safety and Industrial Manslaughter CEO Report

  Content Type: CDM Article

  01 Feb 2005

  A spate of legislation on occupational health and safety has come up recently in the parliaments of the states and territories. New and draconian criminal penalties, including jail terms, are proposed for managers and even directors when an accident happens. Workplace Safety and 'Industrial Manslau...

• To the Editor Letters to the Editor

  Content Type: CDM Article

  01 Feb 2005

  There has been a lot of comment on the saga relating to how James Hardie has dealt with its asbestos liabilities. Here is our take on the issues raised using predictive risk analysis. Concentrating Too Much on The'Risks' There has been a lot of comment on the saga relating to how James Hardie has d...

• The members voice AICD REVIEW

  Content Type: CDM Article

  01 Feb 2005

  An outline of some of the issues addressed by AICD’s policy department, committees and taskforces over the past month follow: The members' voice An outline of some of the issues addressed by AICD's policy department, committees and taskforces over the past month follow: Victo...