Australia: Directors and Officers

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Article
The ATO’s Firmer Approach To Small Business Debt Collection
The Australian National Audit Office's recent review of the ATO's management of small business collectable debt reveals significant findings that will reshape how tax authorities approach debt recovery. With small business debt reaching $35.9 billion and the ATO accepting all eight recommendations for reform, advisers and business owners face a new landscape of firmer collection activity and heightened accountability. Understanding these changes and their implications for unpaid tax liabilities, director pe
Australia Tax
W
Worrells
Article
Dividend Payments - Key Issues For Australian Company Directors
Dividends are a common way for companies to distribute value to shareholders, but whether to declare or pay a dividend is not simply a commercial decision. Directors must ensure that any dividend complies with the Corporations Act 2001 (Cth) (Corporations Act), the company’s constitution and relevant governance requirements, while considering their duties to the company and its creditors.
Australia Commercial
BP
Bartier Perry
Article
Mobile Asset Minority Shareholder Successfully Challenges Drag-along Provisions Before The Takeovers Panel
In Mobile Asset Holdings Ltd [2026] ATP 7, the Takeovers Panel considered a situation where the Board, directors of which represented 50%+ of the shareholdings in the company, put a resolution to shareholders for a constitutional amendment which would enable them to compel all shareholders to sell their shares (aka drag-along rights) without the usual guardrails. This blank cheque approval request was most likely going to be approved, given the voting majority who benefited from it were themselves voting, but for the successful application to the Takeovers Panel of an individual applicant.
Australia Commercial
KL
Herbert Smith Freehills Kramer LLP
Article
Beyond The Boardroom: What The Star Entertainment Decision Means For Governance Leaders
The Federal Court's landmark decision in ASIC v Star Entertainment Group reveals critical governance failures that occurred well before matters reached the boardroom, with profound implications for general counsel, company secretaries, and in-house legal teams. This analysis examines how information flow breakdowns, inadequate risk escalation, and the blurring of legal and operational responsibilities created personal liability exposure for senior legal officers.
Australia Commercial
PA
Piper Alderman
Article
How To Protect Personal Assets Before Business Failure
When directors sign personal guarantees for business debts, they may unknowingly expose their family homes, investment properties, and other personal assets to creditor claims. Understanding the full scope of liability under these agreements is essential, as the corporate veil offers no protection once a personal guarantee is executed. What assets are truly at risk, and what enforcement actions can creditors take?
Australia Commercial
SL
Stonegate Legal
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