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Searching Content indexed under Directors and Officers by Cooper Grace Ward ordered by Published Date Descending.
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1
A win for the SMSF adviser – Fitzmaurice and Commissioner of Taxation
In this case, the AAT did not accept a director of an SMSF trustee blaming their accountant for SMSF compliance breaches.
Australia
16 Sep 2019
2
The importance of getting the details right in SMSFs – Fitzmaurice and Commissioner of Taxation
The SMSF director was disqualified, although funds were not depleted and there was no dishonesty or intention to defraud.
Australia
16 Sep 2019
3
Directors found personally liable for $1.1 million in underpayments
The two directors, blind to the fact that employees were not being paid their entitlements, were found personally liable.
Australia
30 May 2019
4
Dispute resolution agenda: accessing company information
Legal mechanisms are available to access company information where misconduct is suspected and the company is refusing access.
Australia
6 Feb 2018
5
Safe harbour ahead – Government proposes insolvency law reform
Directors will need to carefully demonstrate compliance with the new obligations to gain benefit of the safe harbour.
Australia
7 Dec 2017
6
Insolvency insights: Rexel, unfair preferences and section 553C setoff
Unless the controversy of section 553C setoff is otherwise determined, the Rexel decision may continue to be relied upon.
Australia
24 Mar 2017
7
Dangers in using and relying upon directors' electronic signatures
This case was a reminder for directors and any person in business using, or seeking to rely on, an electronic signature.
Australia
27 Feb 2017
8
Defending director penalty notices – what are reasonable steps?
Directors should compile evidence of all of the steps taken to ensure that the company complied with its obligations.
Australia
28 Dec 2016
9
Insolvency insights: The safe harbour proposal for directors will not protect against all storms
This bulletin discusses the reform of the proposed 'safe harbour' for directors from the insolvent trading provisions.
Australia
16 Sep 2016
10
Director prosecuted for involvement in company's underpayment of employee wages and ordered to pay compensation and penalties
The FWO continues to personally pursue directors and HR advisers under the accessorial liability provisions in the FWA.
Australia
29 Jul 2016
11
Recent prosecution highlights the significant costs that can flow from causing environmental harm
Companies, directors and their officers can face significant financial penalties in relation to environmental incidents.
Australia
4 Jul 2016
12
Could you be personally liable for company breaches under the EPA (Qld)?
Officers, financiers, shareholders and other related persons can be personally liable for company breaches under the EPA.
Australia
10 May 2016
13
FWO targets advisers – accounting firm prosecuted for involvement in client's underpayment of wages
Advisers involved in influencing workplace conditions of a third party's employees may also be liable for contraventions.
Australia
17 Apr 2016
14
Can a director's liability for insolvent trading be reduced by a set-off against the company?
A set-off could help to cancel out or significantly reduce the director's liability to the company for insolvent trading.
Australia
12 Jul 2015
15
Companies and perils of ostensible authority: the danger of paying money to a third party and not to the creditor
A prudent debtor should insist upon clear authorisation from the company before making the payment to a third party.
Australia
6 Apr 2015
16
Directors breaching their fiduciary duties: transaction challenged by the receiver
The issue was whether directors had breached fiduciary duties, entitling the company to have the transaction set aside.
Australia
26 Mar 2015
17
Has the company correctly signed the contract? Personal liability of directors for incorrectly signed contracts
If a contract is incorrectly signed, directors who purport to sign on behalf of the company could be personally liable.
Australia
30 Jan 2015
18
Unreasonable director-related transactions
This Victorian decision will be welcomed by liquidators, but it has worrying implications for financiers or creditors.
Australia
19 Sep 2014
19
New legislation reduces the liability of directors and officers in Queensland
On 26 October 2013, the Queensland Parliament passed the Directors' Liability Reform Amendment Act.
Australia
12 Nov 2013
20
Australian court decision provides guidance on the Bridgecorp D&O insurance policy issue
A recent decision concerning claims against directors and officers provides some certainty with regards to D&O policies.
Australia
11 Oct 2013
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