Corporate Governance & Compliance Legal Alerts
Cooper Grace Ward regularly publishes alerts on a range of legal issues affecting our clients' businesses and industries. Please click on the links below to access our recent legal alerts. Relevant Legal Alerts also appear on our Services and Industries pages.
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On 3 May 2012 the High Court dismissed the appeal of Peter Shafron, the former company secretary and general counsel of James Hardie Industries Limited (JHIL) in the decision of Shafron v Australia Securities and...09 May 2012 , Categorised In: Commercial, Corporate, Small to Medium Enterprise, Corporate & Commercial, Corporate Governance & Compliance, Revenue, Tax & Superannuation
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On 3 May 2012 the High Court held that the seven non-executive directors of James Hardie Industries Limited (JHIL) had breached their duty to exercise care and diligence, by approving the release of a misleading...09 May 2012 , Categorised In: Commercial, Corporate, Small to Medium Enterprise, Corporate & Commercial, Corporate Governance & Compliance, Revenue, Tax & Superannuation
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On 3 May 2012 the High Court concluded the James Hardie cases when it overturned the finding of the NSW Court of Appeal, and held that seven non-executive directors of James Hardie Industries Limited (JHIL) contravened...09 May 2012 , Categorised In: Commercial, Corporate, Small to Medium Enterprise, Corporate & Commercial, Corporate Governance & Compliance, Revenue, Tax & Superannuation
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On 13 February 2012 the ACCC provided an update on its use of new powers to issue infringement notices to business. These powers allow the ACCC to issue infringement notices where: it has reasonable grounds to...22 February 2012 , Categorised In: Corporate Governance & Compliance, Litigation & Dispute Resolution
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The business judgment rule The business judgment rule is a defence to breach of the statutory duty of care and diligence in section 180 of the Corporations Act. The Australian form of the rule is found in section...13 December 2011 , Categorised In: Corporate Governance & Compliance
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A recent ruling in New Zealand has cast doubt on the extent to which directors can rely on their Directors’ and Officers’ (D&O) liability insurance cover to help fund defence costs. The decision is...18 October 2011 , Categorised In: Corporate Governance & Compliance
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In the recent Federal Court decision of ASIC v Healey [2011] FCA 717 Justice John Middleton ruled that Centro’s directors breached the Corporations Act 2001 (Cth) (Act) when they failed to notice significant...03 August 2011 , Categorised In: Corporate Governance & Compliance
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The case of ASIC v Rich provides us all with some valuable commentary on directors duties and the potential application of the business judgment rule. Directors Duties and the Business Judgment Rule One.Tel created...16 March 2010 , Categorised In: Corporate & Commercial, Corporate Governance & Compliance
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In a move designed to help directors better understand their statutory duty to prevent insolvent trading, ASIC last week released Consultation Paper 124 - Directors’ duty to prevent insolvent trading: Guide for...02 December 2009 , Categorised In: Corporate & Commercial, Corporate Governance & Compliance, Insolvency, Reconstruction & Debt Recovery
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NSW Supreme Court hands down penalties in James Hardie case The New South Wales Supreme Court last week imposed penalties against 10 former non-executive and executive directors of James Hardie Industries Limited (JHIL...25 August 2009 , Categorised In: Commercial, Corporate Governance & Compliance
