Articles

Directors & Officers – Who is an officer of a company?

Authors: Timothy Price

On 3 May 2012, the High Court delivered its much anticipated judgments concerning the breaches of duty by the directors and company secretary/general counsel of James Hardie Industries Ltd. This article deals with the judgment concerning the company secretary/general counsel and should be read in conjunction with our other recent article on the judgment in relation to the directors (Directors & Officers – be careful what is recorded in the minutes).

Significant cases, legislation or articles referred to

• Peter James Shafron v Australian Securities and Investments Commission [2012] HCA 18
• Australian Securities and Investments Commission v Macdonald (No 11) [2009] NSWSC 287
• Morley & Ors v Australian Securities and Investments Commission [2010] NSWCA 331

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