Directors

Absence of dishonesty in misconduct should be treated as absence of an aggravating factor rather than as a mitigating factor. Insurance against loss does not excuse or mitigate seriousness of…

Australia lags behind other developed countries when it comes to environmental reporting. While the Corporations Act 2001 outlines requirements for corporate reporting, the requirements don't…

A recent decision provides some valuable insights into the standard of conduct required by businesses to avoid the unconscionable conduct provisions of the Competition and Consumer Act 2010…

The safe harbour regime does not affect the obligation of a listed company to comply with its continuous disclosure obligations under the ASX Listing Rules. There is no explicit requirement to make…

The European Union General Data Protection Regulation (the GDPR) contains new data protection requirements that will apply from 25 May 2018. The GDPR applies to Australian businesses that are data…

Technology should not be seen as the innovation, but rather the driver and the enabler of innovation. A recent study found that customer-centric organisations are 60 per cent more…

2018 looks set to be a competitive retail environment Retailers facing financial distress will be able to avail themselves of recently introduced safe harbour laws in formulating a strategic…

Health and safety has long been a significant issue for the Australian road transport industry. To improve road safety, directors, officers and senior managers of Australian businesses that make…

In a world of unprecedented change, corporate lifespans are diminishing.  The acronym ‘VUCA’ is increasingly used to describe the continually evolving disruptive environment within which many…

For a minority shareholder to succeed in an oppression suit, the court must be satisfied that, in the given circumstances, reasonable directors would consider the effect of the conduct complained of…

Corporate groups are used for a range of legal, business, tax and governance reasons, and can assist in achieving financial growth and in mitigating risk. Directors in corporate groups should…

From 22 February 2018, organisations must notify individuals whose information has been compromised by certain data breaches. The Office of the Australian Information Commissioner must also be…

Australian modern slavery reporting legislation will be enacted in 2018. Boards should consider a broader human rights focus in building a modern slavery response. The first step in the due…

Insolvency legislation to create a safe harbour for directors from insolvent trading claims in certain circumstances has received royal assent. A director will be entitled to claim the protection…

Recent prosecutions show directors are increasingly under scrutiny by environment protection authorities. Directors and those concerned in the management of corporations need to be aware of their…

There are a number of ways directors can approach saving the business in the event of insolvency. The 'official' way under the Corporations Act is a 'DOCA' which involves the company entering…