The majority decided in Hanel v O'Neill that directors of trustee companies could be held personally liable to discharge the debts incurred by a company pursuant to s 197(1) of the Corporations Act 2001 (Cth) . On 18 November 2005, legislation was passed to amend s 197(1); this was to overturn the decision. This article evaluates other relevant cases and argues that the recent amendment to s 197 is unsatisfactory as it leaves potential for abuse by directors of certain trustee companies. The article suggests further reform to the section and to this end, suggests ways for s 197 to reconcile with other parts of corporate law, such as insolvent trading and directors' duties
This article critically analyses the grounds for the removal from office of a director by the board ...
Section 61 of the Trustee Act 1925 provides that: “61. Power to relieve trustee from personal liabil...
This article highlights differential treatment of trustees when they make application for the cleara...
The majority decided in Hanel v O’Neill that directors of trustee companiescould be held perso...
On 2 June 2005, the Australian Government announced a proposal to amend s. 197 of the Corporations A...
On 2 June 2005, the Australian Government announced a proposal to amend s. 197 of the Corporations A...
[On 2 June 2005, the Australian Government announced a proposal to amend s. 197 of the Corporations ...
When a company enters a formal insolvency procedure its directors are more likely than at any other ...
The statutory business judgment rule in s 180(2) of the Corporations Act 2001 (Cth) is controversial...
The time is ripe for a critical analysis of the scope of directors' duties, the role of shareholder ...
This note considers the scope of the term ‘business judgment’ in the statutory business judgment rul...
The legal fiction known as separate legal personality is the foundation of company law and attracts ...
This comment on the Quebec decisions in Peoples v. Wise addresses the question of whether corporate ...
By various acts the directors and officers of a corporation--its agents for the conduct of corporate...
Section 592 of the Corporations Law is replaced with an insolvent trading provision and the enactmen...
This article critically analyses the grounds for the removal from office of a director by the board ...
Section 61 of the Trustee Act 1925 provides that: “61. Power to relieve trustee from personal liabil...
This article highlights differential treatment of trustees when they make application for the cleara...
The majority decided in Hanel v O’Neill that directors of trustee companiescould be held perso...
On 2 June 2005, the Australian Government announced a proposal to amend s. 197 of the Corporations A...
On 2 June 2005, the Australian Government announced a proposal to amend s. 197 of the Corporations A...
[On 2 June 2005, the Australian Government announced a proposal to amend s. 197 of the Corporations ...
When a company enters a formal insolvency procedure its directors are more likely than at any other ...
The statutory business judgment rule in s 180(2) of the Corporations Act 2001 (Cth) is controversial...
The time is ripe for a critical analysis of the scope of directors' duties, the role of shareholder ...
This note considers the scope of the term ‘business judgment’ in the statutory business judgment rul...
The legal fiction known as separate legal personality is the foundation of company law and attracts ...
This comment on the Quebec decisions in Peoples v. Wise addresses the question of whether corporate ...
By various acts the directors and officers of a corporation--its agents for the conduct of corporate...
Section 592 of the Corporations Law is replaced with an insolvent trading provision and the enactmen...
This article critically analyses the grounds for the removal from office of a director by the board ...
Section 61 of the Trustee Act 1925 provides that: “61. Power to relieve trustee from personal liabil...
This article highlights differential treatment of trustees when they make application for the cleara...