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“Pseudo” directors and the James Hardie decisions consequences for a general counselsecretary

  • McInnes Wilson Lawyers
  • -
  • Australia
  • -
  • May 31 2012

On 3 May 2012, the High Court handed down its decisions in ASIC v Hellicar & Ors and ASIC v Shafron holding that seven non-executive directors and the company secretarygeneral counsel of James Hardie Industries Ltd (Company) breached their duties as directors or officers under the Corporations Act 2001 (the Act

Australian position on directors and officers’ duties and class actions

  • McInnes Wilson Lawyers
  • -
  • Australia
  • -
  • May 14 2012

Of even more interest to underwriters than some of the recent court decisions is the announcement that on 9 May shopping centre owner Centro and its former auditor PwC have agreed to a record $200 million settlement of a class action by shareholders

Australian Securities and Investments Commission (ASIC) v Fortescue Metals Group Ltd (2011) 274 ALR 731

  • McInnes Wilson Lawyers
  • -
  • Australia
  • -
  • October 31 2011

Fortescue Metals has been granted special leave to appeal against a High Court decision that held Mr Andrew Forrest had engaged in misleading and deceptive conduct in relation to a proposed port, rail line and mine located in the Pilbara and Port Hedland regions

What is ‘inside information’?

  • McInnes Wilson Lawyers
  • -
  • Australia
  • -
  • April 20 2011

Catena v Australian Securities and Investments Commission 2011 FCAFC 32, was a decision that originated from a decision made by the Australian Securities and Investment Commission (ASIC) which determined that Catena had contravened insider trading provisions within the Corporations Act 2001 (Cth) (the Act