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Commercial litigation: 10 significant developments in Australia in 2012

Herbert Smith Freehills LLP
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Australia
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December 21 2012

In May 2012 the High Court upheld the original decision in favour of ASIC against the James Hardie directors and officers in relation to a misleading draft

AWB case highlights concerns for directors in conducting business in high risk markets

King & Wood Mallesons
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Australia
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August 12 2012

Australias Criminal Code prohibition on the bribery of foreign public officials has been in force since December 1999

Supreme Court of New South Wales Court of Criminal Appeal finds that a director dishonestly used his position to gain a personal advantage in Krecichwost v R

Gilbert + Tobin
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Australia
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June 26 2012

This case demonstrates that dishonesty is determined according to the standards of ordinary people and that there is no definitive list of factors which will be relevant to determining whether a director has acted dishonestly

Former AWB CFO admits contraventions

Herbert Smith Freehills LLP
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Australia
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June 22 2012

ASIC has secured another breakthrough in its civil proceedings against former directors and officers of AWB, with former CFO Paul Ingleby becoming the second former AWB director or officer to acknowledge in court that he had contravened the Corporations Act 2001

Summary judgment against fraudulent directors

Buddle Findlay
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Australia
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April 4 2011

In Australian Motor Finance Limited (Receivers and Managers appointed) v Angeleri (No 3), the defendants were the directors of a failed motor vehicle finance company

Fraudulent directors fictitious loans

McInnes Wilson Lawyers
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Australia
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January 24 2011

The case of Australian Motor Finance Limited (Receivers and Mangers appointed) v Angeleri (No 3) involved an action against three directors that had breached their duties to two companies

ASIC fails to build case against Fortescue CEO

Norton Rose LLP
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Australia
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July 29 2010

The corporate regulator's recent track record in relation to the prosecution of directors continued on 23 December 2009 when Justice Gilmour of the Federal Court handed down judgment in Australian Securities & Investments Commission v Fortescue Metals Group Ltd

Causation, loss and damage: challenges for the new shareholder class action

Herbert Smith Freehills LLP
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Australia
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February 1 2010

Although the number of Australian shareholder class actions has proliferated in recent years, none has proceeded to judgment yet

Search results

Commercial litigation: 10 significant developments in Australia in 2012

AWB case highlights concerns for directors in conducting business in high risk markets

Supreme Court of New South Wales Court of Criminal Appeal finds that a director dishonestly used his position to gain a personal advantage in Krecichwost v R

Former AWB CFO admits contraventions

Summary judgment against fraudulent directors

Fraudulent directors fictitious loans

ASIC fails to build case against Fortescue CEO

Causation, loss and damage: challenges for the new shareholder class action

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