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Searching Content indexed under Directors and Officers by David Abernethy ordered by Published Date Descending.
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Date
1
Liquidators vindicated in refusing to conduct public examinations using a creditor's law firm
The decision provides comfort to liquidators that they will be justified in refusing to conduct certain examinations.
Australia
1 Mar 2017
2
Making an example of wrongdoing: Penalty orders against ASX listed company and its director
The orders were for misleading and deceptive statements in a prospectus, non-disclosure and breach of directors duties.
Australia
14 Feb 2017
3
Hand them over! Director entitled to inspect documents prepared by a receiver
We discuss avarac Pty Ltd v Carrello [2016] WASC 327.
Australia
23 Oct 2016
4
Not my guarantee! Trade creditor faces consequences for accepting electronic signature at face value
The company director was not liable as a guarantor when his electronic signature was affixed without his knowledge.
Australia
20 Oct 2016
5
S440J(1) will not always protect director/guarantors where borrower is in administration
S440J(1) does not prevent a creditor from continuing to pursue a proceeding begun before the company administration.
Australia
2 Sep 2016
6
Unreasonable director-related transactions – liquidators bear the onus of proof
The liquidator did not discharge his onus to prove relevant transactions were unreasonable director-related transactions.
Australia
5 Apr 2016
7
Painting the directors red - unreasonable director-related transactions
Did payments made by a company to a creditor of the directors constitute unreasonable director-related transactions?
Australia
10 Nov 2015
9
Shadow director caught under insolvent trading provisions
The judge found that the plaintiff was a shadow / de facto director when the debts were incurred, so ordered him to pay.
Australia
14 Apr 2015
10
In the matter of Anglican Development Fund Diocese of Bathurst Board (Recs and Mgrs Apptd)
The residual powers of a board of directors during receivership include consenting to judgment in favour of a creditor.
Australia
27 Feb 2015
11
The NSW Supreme Court reminds us of the inflexibility of the conflict rule and risks associated with the involvement of directors in transactions in positions of conflict
The decision highlights the risks when directors are involved in transactions where they are in a position of conflict.
Australia
24 Sep 2014
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