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James Hardie appeal Australian lesson for New Zealand directors
- Simpson Grierson
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- Australia, New Zealand
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- February 18 2011
A recent decision of the New South Wales Court of Appeal (Court) overturned an earlier decision against directors of James Hardie
Continuous disclosure further developments
- Simpson Grierson
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- Australia, New Zealand
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- March 8 2011
Continuous disclosure requirements are in the spotlight in New Zealand and Australia
Bridgecorp - directors' liability when circumstances change
- Chapman Tripp
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- New Zealand
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- July 6 2011
The Court of Appeal decision yesterday in relation to Bridgecorp confirms that directors face potential criminal liability should an issuer continue to use a registered prospectus or advertisement containing statements which have since become untrue
Securities Act: Court of Appeal decision confirms potential criminal liability for changes in circumstances
- Bell Gully
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- New Zealand
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- July 8 2011
A recent Court of Appeal decision has confirmed that directors and promoters can face criminal liability with respect to a statement in a registered prospectus or advertisement which becomes untrue after the prospectus or advertisement is first distributed
Directors' duties: Centro case on approval of financial statements
- Bell Gully
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- Australia, New Zealand
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- July 8 2011
A recent Australian court decision about the duties of directors of listed companies when considering the company's financial statements raises some important issues for New Zealand boards
"Landmark" Australian case finds the buck stops with the board
- Chapman Tripp
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- Australia, New Zealand
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- June 28 2011
The Australian Federal Court yesterday issued what the Australian Securities and Investments Commission (ASIC) has described as a “landmark decision” which highlights the dangers of boards uncritically relying on management, or the auditors
ASIC seeks special leave to appeal latest James Hardie decision
- Bell Gully
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- Australia, New Zealand
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- April 20 2011
At the end of last year the New South Wales Court of Appeal handed down two separate judgments in the James Hardie civil penalty appeals arising from the decision of the New South Wales Supreme Court in Australian Securities and Investments Commission v Macdonald and its subsequent decision on penalties in 2009 (which were discussed in our earlier article Corporate governance: lessons from the James Hardie decision
New Zealand liquidators recognised in Australia
- Norton Rose LLP
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- Australia, New Zealand
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- August 22 2011
New Zealand liquidators have had their powers recognised in Australia in a series of recent ground-breaking judgments
Nathans Finance verdict: guilty
- Simpson Grierson
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- New Zealand
- -
- July 14 2011
On 8 July, a High Court Judge found three directors of Nathans Finance, Roger Moses, Mervyn Doolan and Donald Young, guilty of offences under the Securities Act
Further clarity for directors' duties: the Moses case and the Steigrad case (aka Nathans and Bridgecorp)
- Bell Gully
- -
- New Zealand
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- July 14 2011
Historically, there has been little judicial consideration of the liability provisions of the Securities Act 1978
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